Paragraph 10

(1)

Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Part of this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—

(a)

if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), F1paragraph 6 above shall apply on his death,

(b)

if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Part of this Schedule.

(2)

Sub-paragraph (1) above applies—

(a)

even if a successor enters into more than one other tenancy of the dwelling-house, and

(b)

even if both the first successor and the successor on his death enter into other tenancies of the dwelling-house.

(3)

In this paragraph “succession” means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Part of this Schedule and “successor” shall be construed accordingly.

(4)

This paragraph shall apply as respects a succession which took place before 27th August 1972 if, and only if, the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date, and where it does not apply as respects a succession, no account should be taken of that succession in applying this paragraph as respects any later succession.

Annotations

Textual amendments

F1: Words substituted as provided by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 8(with application as mentioned in s. 39(2)(3))

Notes on Part I

Modifications

C1: Sch. 1 Pt. I: by Housing Act 1988 (c. 50, SIF 75:1), s. 39(3) it is provided that where s. 39(2) of the 1988 Act does not apply but the person who is the first successor, within the meaning of Part I of Sch. 1 of this Act, dies after the commencement of that 1988 Act, Part I shall have effect subject to the amendments in paras. 5 to 9 of Part I of Sch. 4 of that 1988 Act