17 Succession to [assured tenancy]
Housing Act 1988 (1988 c 50) | Legislation

Miscellaneous

17  Succession to [assured tenancy]

(1)     [Subject to subsection (1D),] in any case where—

(a)     the sole tenant under an assured periodic tenancy dies, and

(b)     immediately before the death, the tenant's spouse [or civil partner] was occupying the dwelling-house as his or her only or principal home, and

(c)     . . .

then, on the death, the tenancy vests by virtue of this section in the spouse [or civil partner] (and, accordingly, does not devolve under the tenant's will or intestacy).

[(1A)     Subject to subsection (1D), in any case where—

(a)     there is an assured periodic tenancy of a dwelling-house in England under which—

(i)     the landlord is a private registered provider of social housing, and

(ii)     the tenant is a sole tenant,

(b)     the tenant under the tenancy dies,

(c)     immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(d)     an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e)     there is a person whose succession is in accordance with

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