C1C2C3PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS

Annotations:
Modifications etc. (not altering text)
C2

Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)

C3

Pt. IV (ss. 79-117) extended (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 7(3)(6) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3 (subject to transitional provisions in art. 4(b)(c))

Assignment, lodgers and subletting

91 Assignment in general prohibited.

1

A secure tenancy which is—

a

a periodic tenancy, or

b

a tenancy for a term certain granted on or after 5th November 1982,

is not capable of being assigned except in the cases mentioned in subsection (3).

2

If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

3

The exceptions are—

a

an assignment in accordance with section 92 (assignment by way of exchange);

b

an assignment in pursuance of an order made under section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

c

an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.