{
  "url": "https://openlegislation.uk/renters-rights-act-2025/schedule-2/paragraph-32",
  "json_url": "https://openlegislation.uk/renters-rights-act-2025/schedule-2/paragraph-32.json",
  "legislation": "ukpga/2025/26",
  "legislation_title": "Renters’ Rights Act 2025",
  "legislation_url": "https://openlegislation.uk/renters-rights-act-2025",
  "path": "schedule/2/paragraph/32",
  "kind": "paragraph",
  "number": "32",
  "heading": "Housing Act 1988",
  "text": "(1) Section 39 (statutory tenants: succession) is amended as follows.\n(2) In subsection (5), in the words after paragraph (b), omit “periodic”.\n(3) In subsection (6)—\n(a) in the words before paragraph (a), omit “periodic”;\n(b) in paragraph (d), after the second “tenancy” insert “(but this is subject to section 4A)”;\n(c) in paragraph (e), for “sections 13 to 15” substitute “sections 13 to 16B”;\n(d) omit paragraph (f).\n(4) Omit subsection (7).\n(5) In subsection (8)—\n(a) omit “periodic”;\n(b) after “above)” insert “; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled”.\n(6) For subsection (9) substitute—\n“(9) Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)—\n(a) not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)—\n(i) proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and\n(ii) if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms;\n(b) where a notice of variation has been served under paragraph (a)—\n(i) within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and\n(ii) if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed;\n(c) where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy—\n(i) which begins on the date of the predecessor’s death, and\n(ii) which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration;\n(d) whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined;\n(e) in making a determination underparagraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant;\n(f) where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct—\n(i) the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and\n(ii) the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal;\nbut for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation;\n(g) nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.”",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 32 not in force at Royal Assent, see s. 145(1)(7)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 2 para. 32 in force at 1.5.2026 for specified purposes by S.I. 2026/421, reg. 2(c)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2025/26/schedule/2/paragraph/32",
    "retrieved_at": "2026-10-29T08:46:43.804012+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}