# The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009, Article 4: Nature of replacement tenancies


Paragraph 17 applies as if there were substituted for it—
“17. The new tenancy is to be—
(a) a secure tenancy if—
(i) the original tenancy was—
(aa) a secure tenancy,
(bb) an assured tenancy (whether or not an assured shorthold tenancy),
(cc) an introductory tenancy, or
(dd) a demoted tenancy,
(ii) the new tenancy satisfies the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985,
(iii) the new tenancy is one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy,
(iv) where the original tenancy was an assured shorthold tenancy or an introductory tenancy, no election by the successor landlord under section 124 of the Housing Act 1996 is in force on the day on which the new tenancy arises, and
(v) where the original tenancy was a demoted tenancy, the successor landlord is not a person entitled to apply for an order of the court under section 82A of the Housing Act 1985 (a demotion order),
(b) an assured shorthold tenancy if—
(i) the original tenancy was—
(aa) an assured shorthold tenancy,
(bb) an introductory tenancy, or
(cc) a demoted tenancy,
(ii) the new tenancy is not one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy,
(iii) the new tenancy is not one which falls within any paragraph of Schedule 2A to the Housing Act 1988,
(iv) the new tenancy does not satisfy the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985, and
(v) where the original tenancy was a demoted tenancy, the successor landlord is not a registered social landlord,
(c) an assured tenancy which is not an assured shorthold tenancy if—
(i) the original tenancy was—
(aa) an assured tenancy which was not an assured shorthold tenancy, or
(bb) a secure tenancy,
(ii) the new tenancy is not one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy, and
(iii) the new tenancy does not satisfy the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985,
(d) an introductory tenancy if—
(i) the original tenancy was—
(aa) an introductory tenancy, or
(bb) an assured shorthold tenancy,
(ii) the new tenancy is one which, by virtue of subsection (2) of section 1 of the Housing Act 1988, cannot be an assured tenancy,
(iii) an election by the successor landlord under section 124 of the Housing Act 1996 is in force on the day on which the new tenancy arises, and
(iv) but for that election, the new tenancy would be a secure tenancy because it satisfies the conditions for a secure tenancy in accordance with Part IV of the Housing Act 1985,
(e) a demoted tenancy to which section 20B of the Housing Act 1988 applies if—
(i) the original tenancy was a demoted tenancy, and
(ii) the successor landlord is a registered social landlord, or
(f) a demoted tenancy to which section 143A of the Housing Act 1996 applies if—
(i) the original tenancy was a demoted tenancy, and
(ii) the new tenancy satisfies the first and second conditions in section 143A of the Housing Act 1996.”.

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Source: https://www.legislation.gov.uk/uksi/2009/1262/article/4 (the official version)
Page: https://openlegislation.uk/housing-replacement-of-terminated-tenancies-successor-landlords-england-order-2009/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.