Textual Amendments
F1Word in Pt. 5 Ch. 1 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(3) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)
A person is qualified to succeed the tenant under an introductory tenancy if he occupies the dwelling-house as his only or principal home at the time of the tenant’s death and either—
(a)he is the tenant’s spouse [F2or civil partner] , or
(b)he is another member of the tenant’s family and has resided with the tenant throughout the period of twelve months ending with the tenant’s death;
unless, in either case, the tenant was himself a successor, as defined in section 132.
Textual Amendments
F2Words in s. 131(a) inserted (5.12.2005) by Civil Partnership (Family Proceedings and Housing Consequential Amendments) Order 2005 (S.I. 2005/3336), arts. 1, 20
(1)The tenant is himself a successor if—
(a)the tenancy vested in him by virtue of section 133 (succession to introductory tenancy),
(b)he was a joint tenant and has become the sole tenant,
(c)he became the tenant on the tenancy being assigned to him (but subject to subsections (2) and (3)), or
(d)he became the tenant on the tenancy being vested in him on the death of the previous tenant.
(2)A tenant to whom the tenancy was assigned in pursuance of an order under section 24 of the M1Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the M2Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.) is a successor only if the other party to the marriage was a successor.
[F3(2A)A tenant to whom the tenancy was assigned in pursuance of an order under 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.) is a successor only if the other civil partner was a successor.]
(3)Where within six months of the coming to an end of an introductory tenancy (“the former tenancy”) the tenant becomes a tenant under another introductory tenancy, and—
(a)the tenant was a successor in relation to the former tenancy, and
(b)under the other tenancy either the dwelling-house or the landlord, or both, are the same as under the former tenancy,
the tenant is also a successor in relation to the other tenancy unless the agreement creating that tenancy otherwise provides.
Textual Amendments
F3S. 132(2A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 52; S.I. 2005/3175, art. 2(1), Sch. 1
Marginal Citations
(1)This section applies where a tenant under an introductory tenancy dies.
(2)Where there is a person qualified to succeed the tenant, the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—
(a)the tenant’s spouse [F4 or civil partner ] is to be preferred to another member of the tenant’s family;
(b)of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.
(3)Where there is no person qualified to succeed the tenant, the tenancy ceases to be an introductory tenancy—
(a)when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless 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 made in connection with matrimonial proceedings),
(ii)section 17(1) of the M3Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F5...
(iii)paragraph 1 of Schedule 1 to the M4Children Act 1989 (orders for financial relief against parents); or
[F6(iv)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.)]
(b)when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.
Textual Amendments
F4Words in s. 133(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 53(2); S.I. 2005/3175, art. 2(1), Sch. 1
F5Word in s. 133(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)
F6S. 133(3)(a)(iv) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 53(3); S.I. 2005/3175, art. 2(1), Sch. 1
Marginal Citations