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Section 162: Secure and assured tenancies: recovery of possession after tenant's death

Localism Act 2011 · 2011 c. 20View on legislation.gov.uk

Part 7: Housing — CHAPTER 2: Social housing: tenure reform

In section 90 of the Housing Act 1985 (devolution of fixed term secure tenancy) after subsection (4) insert—

In Part 3 of Schedule 2 to that Act (grounds on which court may order possession of dwelling-house let on secure tenancy if reasonable and if alternative accommodation is available) after Ground 15 insert—

In that Part of that Schedule, in Ground 16 (vesting of tenancy in member of previous tenant's family other than his or her spouse or civil partner)—

at the beginning of the first unnumbered paragraph for "The accommodation afforded by the dwelling-house" substitute ," The dwelling-house is in Wales, the accommodation afforded by it "
in the first unnumbered paragraph—
in paragraph (a) after "tenancy)" insert , and" or 90 (devolution of term certain) "
in paragraph (b) for "the date of the previous tenant's death" substitute , and" the relevant date "
after the first unnumbered paragraph insert—For this purpose "the relevant date" is— athe date of the previous tenant's death, orbif the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant's death.

In section 7 of the Housing Act 1988 (orders for possession of assured tenancies) after subsection (6) insert—

In Part 1 of Schedule 2 to that Act (grounds for possession of dwelling-houses let on assured tenancies: grounds on which court must order possession) in Ground 7 (devolution of tenancy under will or intestacy)—

in the first unnumbered paragraph, after "tenancy)" insert ," , or a fixed term tenancy of a dwelling-house in England, "
in the second unnumbered paragraph—
omit "periodic", and
after "period" insert , and" or length of term "
after that paragraph insert—This ground does not apply to a fixed term tenancy that is a lease of a dwelling-house— agranted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, orbunder which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.