161 Succession to assured tenancies

161  Succession to assured tenancies

(1)     Section 17 of the Housing Act 1988 (succession to assured periodic tenancy by spouse) is amended as follows.

(2)     In the heading for “assured periodic tenancy by spouse” substitute “assured tenancy”.

(3)     In subsection (1)—

(a)     at the beginning insert “Subject to subsection (1D),”, and

(b)     omit paragraph (c).

(4)     After that subsection insert—

“(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 that term,

then,

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