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Article 33 Other disposals

(1)

If the tenant under a secure tenancy parts with the possession of the dwelling-house or sublets the whole of it (or sublets part and then the remainder) the tenancy ceases to be a secure tenancy.

(2)

Where, on the death of the tenant, a secure tenancy is vested or otherwise disposed of in the course of the administration of his estate, the tenancy ceases to be a secure tenancy unless—

(a)

the vesting or other disposal is in pursuance of an order made under Article 26 of the Matrimonial Causes (Northern Ireland) Order 1978; or

F1(aa)

the vesting or other disposal is in pursuance of an order made under Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004; or

(b)

the vesting or other disposal is to a person in whom the tenancy would or might have vested by virtue of Article 26.

(3)

Where—

(a)

a tenancy ceases to be a secure tenancy by virtue of this Article; or

(b)

in the case of a tenancy which would be a secure tenancy if the condition described in Article 25(3) as the tenant condition were satisfied, the tenant parts with the possession of the dwelling-house or sublets the whole of it (or sublets first part of it and then the remainder),

the tenancy cannot become a secure tenancy.

Annotations

Textual amendments

F1

2004 c.33

Notes on the whole Order

Textual amendments

F1

functions transf. by SR 1999/481