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Clause 135 — Succession to assured tenancies

Road Safety – in the House of Commons at 6:13 pm on 18th May 2011.

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Amendments made: 194, page 122, line 40, at end insert—

‘(1ZA) Subject to subsection (1B), in any case where—

(a) there is an assured periodic tenancy of a dwelling-house in England under which—

(i) the landlord is a private registered provider of social housing, and

(ii) the tenant is a sole tenant,

(b) the tenant under the tenancy dies,

(c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e) there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and, accordingly, does not devolve under the tenant’s will or intestacy).’.

Amendment 195, page 123, line 10, at end insert—

‘(1ZA) Subject to subsection (1B), in any case where—

(a) there is an assured tenancy of a dwelling-house in England for a fixed term of not less than two years under which—

(i) the landlord is a private registered provider of social housing, and

(ii) the tenant is a sole tenant,

(b) the tenant under the tenancy dies,

(c) immediately before the death, the dwelling-house was not occupied by a spouse or civil partner of the tenant as his or her only or principal home,

(d) an express term of the tenancy makes provision for a person other than such a spouse or civil partner of the tenant to succeed to the tenancy, and

(e) there is a person whose succession is in accordance with that term,

then, on the death, the tenancy vests by virtue of this section in that person (and accordingly does not devolve under the tenant’s will or intestacy).’.

Amendment 196, page 123, line 11, leave out ‘or’ and insert ‘, (1ZA),’.

Amendment 197, page 123, line 11, after ‘(1A)’, insert ‘or (1AA)’.

Amendment 198, page 123, line 14, leave out

‘(whether or not the tenant’s spouse or civil partner)’ and insert ‘(and, accordingly, does not devolve under the tenant’s will or intestacy)’.

Amendment 199, page 123, line 19, leave out from ‘housing’ to end of line 20.

Amendment 200, page 123, line 23, at end insert—

‘(4A) In subsection (5) after “(1)(b)” insert “or (1A)(c)”.’.

Amendment 201, page 123, line 26, after ‘subsection’, insert ‘(1ZA), (1AA) or’.—(Greg Clark.)