Paragraph 10

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch 1 para. 1 words inserted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 3(2)(a)
Sch 1 para. 2 words inserted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 3(2)(b)
Sch 1 para. 4 words inserted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 3(2)(c)(i)
Sch 1 para. 4 word inserted by Housing Measure 2011 (Consequential Amendments to Subordinate Legislation) 2012 Sch. para. 3(2)(c)(ii)

In section 127 (value of the dwelling-house)—

(a)

in subsection (1)(b) for “subsection (4)” substitute “subsections (4) and (4A)”;

(b)

in subsection (3) omit “(but subject to sub-paragraph (3) of that paragraph)”; and

(c)

for subsection (4) substitute—

“(4)

Where the tenant is a secure tenant the persons referred to in subsection (1)(b) are—

(a)

the secure tenant,

(b)

any person who under the same tenancy was a secure tenant before him,

(c)

any member of his family who, immediately before the secure tenancy was granted, was a secure tenant of the same dwelling-house under another tenancy,

but do not include, in a case where the secure tenancy has at any time been assigned by virtue of section 92 (assignments by way of exchange), a person who under that tenancy was a secure tenant before the assignment.

(4A)

Where the tenant is an assured tenant the persons referred to in subsection (1)(b) are—

(a)

the assured tenant,

(b)

any member of his family—

(i)

who was an assured or secure tenant before him under the same tenancy, or

(ii)

who, immediately before the tenancy was granted, was an assured or secure tenant of the same dwelling-house under another tenancy.”.