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

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

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

“(5)     The following provisions apply where a tenancy that was a secure tenancy of a dwelling-house in England—

(a)     has been vested or otherwise disposed of in the course of the administration of the secure tenant's estate, and

(b)     has ceased to be a secure tenancy by virtue of this section.

(6)     Subject as follows, the landlord may apply to the court for an order for possession of the dwelling-house let under the tenancy.

(7)     The court may not entertain proceedings for an order for possession under this section unless—

(a)     the landlord has served notice in writing on the tenant—

(i)     stating that the landlord requires possession of the dwelling-house, and

(ii)     specifying a date after which proceedings for an order for possession may be begun, and

(b)     that date has passed without the tenant giving up possession of the dwelling-house.

(8)     The date mentioned in subsection (7)(a)(ii) must fall after the end of the period of four weeks beginning

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