C1C2C3C4C5C6 Part I Rented Accommodation

Annotations:
Modifications etc. (not altering text)
C3

Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C5

Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5

Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2

Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

C6

Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

chapter I Assured Tenancies

Security of tenure

10AF1Power to order transfer of tenancy in certain cases

1

This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied that—

a

Ground 7B in Schedule 2 is established,

b

no other ground in that Schedule is established, or one or more grounds in Part 2 of that Schedule are established but it is not reasonable to make an order for possession on that ground or those grounds,

c

the tenancy is a joint tenancy, and

d

one or more of the tenants is a qualifying tenant.

2

In subsection (1)(d) “qualifying tenant” means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy.

3

The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held—

a

if there is one qualifying tenant, by the qualifying tenant as sole tenant, or

b

if there is more than one qualifying tenant, by all of them as joint tenants.

4

The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants—

a

are entitled to performance of the landlord's covenants under the tenancy, and

b

are liable to perform the tenant's covenants under the tenancy.

5

The effect of an order under this section is that, from the time it takes effect, any other person who was a tenant under the tenancy before the order took effect—

a

ceases to be entitled to performance of the landlord's covenants under the tenancy, or

b

ceases to be liable to perform the tenant's covenants under the tenancy.

6

Subsection (5) does not remove any right or liability of the person which accrued before the order took effect.

7

An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants.

8

In particular, if the tenancy is a fixed term tenancy, the term comes to an end at the same time as if the order had not been made.