Section 89 Succession to periodic tenancy.C1

England and Wales

(1)

This section applies where a secure tenant dies and the tenancy is a periodic tenancy.

F1(1A)

Where there is a person qualified to succeed the tenant under section 86A, the tenancy vests by virtue of this section—

(a)

in that person, or

(b)

if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.

(2)

Where there is a person qualified to succeed the tenant F2under section 87, the tenancy vests by virtue of this section in that person, or if there is more than one such person in the one to be preferred in accordance with the following rules—

(a)

the tenant’s spouse F3or civil partner is to be preferred to another member of the tenant’s family;

(b)

of two or more other members of the tenant’s family such of them is to be preferred as may be agreed between them or as may, where there is no such agreement, be selected by the landlord.

F4( 3 )

Where there is no person qualified to succeed the tenant, the tenancy ceases to be a secure tenancy—

(a)

when it is vested or otherwise disposed of in the course of the administration of the tenant’s estate, unless the vesting or other disposal is in pursuance of an order made under—

(i)

section 24 of the Matrimonial Causes Act 1973 (property adjustment orders made in connection with matrimonial proceedings),

(ii)

section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F5 . . .

(iii)

paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) F6, or

(iv)

Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. )

(b)

when it is known that when the tenancy is so vested or disposed of it will not be in pursuance of such an order.

(4)

A tenancy which ceases to be a secure tenancy by virtue of this section cannot subsequently become a secure tenancy.

Annotations

Textual amendments

F1: S. 89(1A) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 160(3)(4)240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)
F2: Words in s. 89(2) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 160(5), 240(2) (with s. 160(6)); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)
F3: Words in s. 89(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263(2), Sch. 8 para. 22(2), S.I. 2005/3175, {art. 2(1)}, Sch. 1
F4: S. 89(3) substituted (1.10.1996) by 1996 c. 52, s. 222, Sch. 18 Pt. III para. 10; S.I. 1996/2402, art. 3 (subject to transitional provisions and savings in Sch.)
F5: Word at the end of s. 89(3)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263(2), Sch. 30; S.I. 2005/3175, art. 2(6)
F6: S. 89(3)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 22(3); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications

C1: S. 89 modified (1.11.1993) by 1993 c. 28, s. 37, Sch. 10 para. 2(3); S.I. 1993/2134, arts. 2, 5(a).

Notes on Part IV

Modifications

C1: 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
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))