Paragraph 23 Amendments of Ground 7: death of tenantI1I2

in the first unnumbered paragraph for the words from “The tenancy” to “devolved” insert “The tenancy has devolved on a person (the “new tenant”)”;

after the first unnumbered paragraph insert—

• “But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless—

  1. (a)

     the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or

  2. (b)

     the tenancy is a special tenancy immediately before the death of the former tenant.

  In this Ground “special tenancy” means—

  1. (a)

     a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing;

  2. (b)

     a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing;

  3. (c)

     a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2;

  4. (d)

     a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G);

  5. (e)

     a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.”

omit the third unnumbered paragraph.