C2C3C4PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Annotations:
Modifications etc. (not altering text)
C3

Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C4

Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))

Succession on death of tenant

C190 Devolution of term certain.

1

This section applies where a secure tenant dies and the tenancy is a tenancy for a term certain.

2

The tenancy remains a secure tenancy until—

a

it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, as mentioned in subsection (3), or

b

it is known that when it is so vested or disposed of it will not be a secure tenancy.

3

The tenancy ceases to be a secure tenancy on being vested or otherwise disposed of in the course of administration of the tenant’s estate, unless—

F1a

the vesting or other disposal is in pursuance of an order made under—

i

section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

ii

section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F2. . .

iii

paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents), or

F3iv

Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.), or

b

the vesting or other disposal is to a person qualifed to succeed the tenant.

4

A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.