OpenLegislation

Section 36 Terms in superior leases relating to children or benefits statusI1I2

England and Wales

(1)

A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to—

(a)

prohibit a sub-tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or

(b)

restrict the circumstances in which a sub-tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.

(2)

Subsection (1) does not apply if—

(a)

the provision is a proportionate means of achieving a legitimate aim, or

(b)

the landlord under the lease or a superior landlord is insured under a contract of insurance—

(i)

to which section 38 does not apply, and

(ii)

which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which a sub-tenant may have a child live with or visit them at the dwelling,

and the provision in the lease is a means of preventing the insured from breaching that term.

(3)

A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.

(4)

Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—

(a)

to which section 38 does not apply, and

(b)

which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from being a benefits claimant,

and the provision in the lease is a means of preventing the insured from breaching that term.

(5)

For the purposes of this section, the terms of a lease include—

(a)

the terms of any agreement relating to the lease, and

(b)

any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.

Annotations

Commencement

I1

S. 36 not in force at Royal Assent, see s. 145(1)(7)

I2

S. 36 in force at 1.5.2026 by S.I. 2026/421, reg. 3(b)