C1C2C3PART IV SECURE TENANCIES AND RIGHTS OF SECURE TENANTS
Pt. IV (ss. 79-117) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(c)
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.
S. 47, 48, 50, 51, Pt. IV(ss. 79–117) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 paras. 22 and 23 as substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 61