Section 134 Assignment in general prohibited.

England and Wales

(1)

An introductory tenancy is not capable of being assigned except in the cases mentioned in subsection (2).

(2)

The exceptions are—

(a)

an assignment in pursuance of an order made under—

(i)

section 24 of the M1Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii)

section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F1...

(iii)

paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents);F2, 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)

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

(3)

Subsection (1) also applies to a tenancy which is not an introductory tenancy but would be if the tenant, or where the tenancy is a joint tenancy, at least one of the tenants, were occupying or continuing to occupy the dwelling-house as his only or principal home.

Annotations

Textual amendments

F1: Word in s. 134(2)(a)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)
F2: S. 134(2)(a)(iv) and word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 54; S.I. 2005/3175, art. 2(1), Sch. 1

Marginal citations

M1: 1973 c. 18.

Notes on Chapter I

Textual amendments

F1: Word in Pt. 5 Ch. 1 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 25(3) (with savings and transitional provisions in S.I. 2022/1172, regs. 4-7, 19)