Paragraph 5 C1

If, immediately before his death, the first successor was still a statutory tenant, paragraph 6 F1below shall have effect, for the purpose of determining who is F2entitledF3—

(a)

in the case of a dwelling-house in England, to an assured tenancy of the dwelling-house by successionF4, or

(b)

in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession after the death of the first successor.

Annotations

Textual amendments

F1: Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 5(a)(in application as mentioned in s. 39(2)(3))
F2: Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 5(b)(in application as mentioned in s. 39(2)(3))
F3: Sch. 1 para. 5(a) inserted (18.5.2023) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2023 (S.I. 2023/550), regs. 1, 2(4)(b)(i)
F4: Sch. 1 para. 5(b) and word inserted (18.5.2023) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2023 (S.I. 2023/550), regs. 1, 2(4)(b)(ii)

Modifications

C1: Sch. 1 para. 5 modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 8(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)

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