housing act 1988 assignment

Assignment and succession of tenancy

Produced in partnership with morayo fagborun bennett of gatehouse chambers and daryl bigwood of cobb warren, introduction.

This Practice Note discusses assignment and succession of tenancy in England, with reference to the Housing Act 1985 (HA 1985), the Localism Act 2011 (LA 2011) and the Housing Act 1988 (HA 1988). It explains that assignment of a secure periodic tenancy is prohibited except in three situations. With effect from 1 April 2012, a registered social landlord can include express provisions in their tenancy agreements granting additional succession rights for assured tenants.

As of 1 December 2022, tenancies and licences of dwellings in Wales are governed by the Renting Homes (Wales) Act 2016 (RH(W)A 2016) (subject to certain exceptions). Secure tenancies may no longer be created and existing secure tenancies will convert automatically into occupation contracts. The terms of existing and new tenancies must be considered in the context of RH(W)A 2016 in order to establish whether or not they are occupation contracts for the purposes of RH(W)A 2016 and, if so, what kind of occupation contract. Tenancies and licences which are occupation contracts must

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Gatehouse Chambers

Morayo specialises in all areas of landlord and tenant and property law. Recent cases include Charalambous v Ng [2014] EWCA Civ 1604 (tenancy deposit schemes), Coope v Ward [2015] EWCA Civ 30 (easement of support and measured duty of care) and Farah v Hillingdon LBC [2014] EWCA Civ 359 (intentionality and homelessness). She also regularly acts in disrepair and dilapidation proceedings, service and estate charge disputes and residential and commercial lease renewals. Morayo’s public law practice includes community care, Court of Protection, deprivation of liberty, welfare benefits, homelessness, judicial review and discrimination law. Recent cases concerned the community care needs of life sentenced prisoners, a deprivation of liberty case on the interface between the MCH and MCA and a test case on the lawfulness of the current practice adopted by decision makers in Employment Support Allowance assessments. Morayo’s commercial practice covers contractual disputes in the property and employment sectors advocating in the courts and tribunals. A speciality is cases involving multiple discrimination complaints. Morayo came to the law with a background in philosophy and theology, graduating from St Hilda’s College, Oxford in 2000 with a 2:1. Her Masters in Crime, Human Rights and the International Community achieved a Distinction. She attained a commendation in the Common Professional Examination and was graded outstanding on the Bar Vocational Course in 2004.

Senior Associate , Cobb Warren

Daryl Bigwood is a Senior Associate at Cobb Warren. Cobb Warren are a boutique firm, based in Bristol, specialising in housing management for social landlords.  Prior to joining Cobb Warren, Daryl was the Principal Solicitor for Litigation at Swindon Borough Council. In this role he oversaw the Council’s non-social care litigation including anti-social behaviour, housing, criminal prosecutions, public law and judicial review, and employment.  Daryl also advised on the Council’s regulatory functions (such as health & safety, licensing, trading standards, and environmental health). Daryl’s specific interest is in anti-social behaviour and proceedings under the Anti-social Behaviour, Crime and Policing Act 2014. Daryl has appeared before the County Court (both on appeal and at first instance), the Court of Protection, the Family Court, the Magistrates’ Court, the Coroners Court, the Employment Tribunal, and the First-tier Tribunal (Property Chamber). Daryl has had conduct of cases in the High Court and the Court of Appeal. Daryl obtained permission to appeal, and permission to assign the appeal from the County Court to Court of Appeal, in the case of Swindon Borough Council v Abrook [2024] EWCA Civ 221. In the unreported County Court case of Swindon Borough Council v Douglas Wood, Daryl’s argument that the Council was a ‘person’ for the purposes of Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and that a refusal to permit a landlord access to undertake gas safety inspections could amount to anti-social behaviour under said Act.

Related legal acts:

• Housing Act 1985 (1985 c 68)
• HOUSING ACT 1988
• Housing Act 1988 (1988 c 50)
• Housing Act 1996 (1996 c 52)
• Law of Property (Miscellaneous Provisions) Act 1989 (1989 c 34)
• Law of Property Act 1925 (1925 c 20)
• Localism Act 2011 (2011 c 20)
• Matrimonial Causes Act 1973 (1973 c 18)
• Rent Act 1977 (1977 c 42)

Key definition:

Assignment definition, what does assignment mean.

An assignment is 'an immediate transfer of an existing proprietary right, vested or contingent from one party to another'. Assignments can occur by consent or by operation of law.

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Assignment of a Residential Tenancy

Tom Entwistle

Assignment is when an existing and ongoing tenancy is transferred from one tenant to another. The person who transfers the tenancy is the 'assignor'� and the person who the tenancy is transferred to is the 'assignee'�.The outgoing tenant transfers his rights and obligations under the tenancy to the incoming tenant through a legal process which involves a Licence to Assign Note 1 below), permission given by the landlord, and a Deed of Assignment (see Note 2 below) to formalise the process. Under the Law of Property Act 1925 any assignment must be completed by deed.Most tenancy agreements, if they expressly permit assignment at all, (most are either silent on the matter or expressly forbid it) will only allow this with the consent of the landlord . Further, under Section 15(1) of the Housing Act 1988 it is an implied term in all Assured Shorthold Tenancies (ASTs) that the tenant will not assign without the Landlord'�s Consent.So long as the AST agreement does not state that the landlords'� consent is required to assign, the landlord CAN withhold consent. Section 15(2) HA 1988 states that Section 19 of the Landlord & tenant Act 1927 (consents to assign not to be unreasonably withheld) does not apply to Assured Tenancies.It is quite rare for standard ASTs to be assigned as they are short term and a new tenancy agreement can be easily arranged and signed, though doing this gives any new tenant a full new term and a minimum of 6 months. I the case of joint tenancies , once one or more tenants leave the rental property this effectively brings the whole joint tenancy to an end. This is because, in law, a joint tenancy is seen as one tenant: they are all individuals, but as far as the law and the landlord is concerned they are one - " the tenant ".Signing up new joining tenants and the remaining tenants to a new agreement starts a new tenancy with a new minimum term of 6 months , which may not suit the landlord, especially with student lets, where periods need to align with therm times. This is where assignments come in. In the case of joint tenancies, and especially in the case of student lets during term times, where tenants may come and go, assignments can be a very useful device for landlords.The new tenant/s take over where the outgoing ones left off leaving the original tenancy untouched. However, great care is needed to ensure that the documentation is completed correctly, deposit arrangements are taken care of between the tenants, and any guarantors are kept fully informed of the changes to ensure their continuing liabilities are preserved.Even where the AST agreement expressly forbids assignment, with the landlord'�s consent assignment can be effected. With the landlord'�s consent therefore an AST can be assigned to anyone.On the other hand, where a tenant assigns without the landlord'�s consent (similar applies when a tenant sub-lets) the landlord could start possession proceedings against the true tenant and the assignee under Ground 12 HA 1988 schedule 2 for breach of contact.Further, once the true AST tenant leaves the rental property as his main residence, the tenancy reverts to a common-law tenancy, no longer under Housing Act protection, and subject to a notice to quit. The original tenant no longer has security of tenure and can be "evicted" along with the new "tenant" who is now an unathourised occupant .Notes: 1. License to Assign '� a document signed by the landlord giving the tenant (assignor) permission to assign.2. Deed of Assignment '� a legal agreement clearly marked as a Deed of Assignment, signed as a deed and independently witnessed.3. LandlordZONE� Combined Licence and Deed of Assignment� By Tom Entwistle, LandlordZONE� ID2010663If you have any questions about any of the issues here, post your question to the LandlordZONE� Forums '� these are the busiest Rental Property Forums in the UK '� you will have an answer in no time at all. �LandlordZONE All Rights Reserved - never rely totally on these general guidelines which apply primarily to England and Wales. They are not definitive statements of the law. Before taking action or not, always do your own research and/or seek professional advice with the full facts of your case and all documents to hand.

Tom Entwistle has invested in and developed commercial and residential properties since 1979.

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The Housing Act 1988 – why it’s so important

The Housing Act 1988 had a huge impact on the private rental sector when it was launched. More than three decades later, it’s still crucial when it comes to defining landlord and tenant rights in the UK. Here’s a brief history, what it set out to achieve and how it affects you as a property owner.

What is the Housing Act 1988? Why was the Housing Act 1988 introduced? What were the outcomes of the Housing Act 1988? Is the Housing Act the same as a tenancy agreement? As a landlord do I need to know about the Housing Act 1988? Does the Housing Act 1988 apply to Scotland, Wales, and Northern Ireland? Continuing changes within the private rental market

What is the Housing Act 1988?

The Housing Act 1988 sets out the legal rights and responsibilities of tenants and landlords in the UK. The act itself came into force in January 1989.

Why was the Housing Act 1988 introduced?

The act was designed to make the private rental sector fair to both tenants and landlords.

Before it was introduced, tenancies were ‘protected and statutory’ which meant property laws were heavily skewed towards the tenant. Tenants could even claim the right to stay in a rental property indefinitely and eventually pass it on to their children or other relatives. Fundamentally, it meant landlords had little control over their own properties and many shied away from the rental market.

Meanwhile, the landscape of the property market was shifting as the Thatcher government’s Right to Buy scheme saw council tenants buy up the houses they lived in. This, together with an already shrinking private rental market resulted in a lack of rental properties which paved the way for the Housing Act 1988.

What were the outcomes of the Housing Act 1988?

The act was designed to redress the balance between tenant and landlord rights and give landlords greater control over possession of their properties. By doing this, the government also hoped to revive the flagging private rental market. The biggest changes were in three key areas:

Security of tenure

This essentially set out two types of tenancy:

• Assured tenancies which are long-term tenancy agreements. These closely resemble the types of rental agreements that existed before the Housing Act 1988 came into force. But importantly, landlords were given the right to evict tenants in certain circumstances (for example, rent arrears).
• Assured shorthold tenancies (ASTs) are fixed-term tenancies and are the most common type of private rental agreement in the UK today. Under the 1988 act, landlords can reclaim their properties under the rules set out under Section 8 and Section 21 – so long as they give tenants proper notice.

Read our Guide to the different types of tenancy agreements for more information on tenancy types.

If tenants have an assured tenancy and pass away, only their spouse can inherit rental rights. Before the Housing Act 1988, any relative could inherit.

For most private renters with assured shorthold tenancies, the tenancy will end if they pass away. Their relatives (including the tenant’s spouse) has no right of succession – in other words, the tenancy does not automatically pass to them.

Rent regulation

The Housing Act 1988 also allowed landlords to set their own rents. Before this, rent was regulated by the government (and varied according to the age, location and condition of the property).

Tenants do have the right to challenge rent prices but only under limited circumstances. For example, in the first six months of a tenancy starting or after receiving notice of an increase.

Is the Housing Act 1988 the same as a tenancy agreement?

No, although the Housing Act 1988 will influence tenancy agreements, they aren’t the same.

The Housing Act 1988 essentially lays down the law governing property rights. Tenancy agreements set out ground rules between you as the landlord and your tenant. Tenancy agreements should of course, only include terms and conditions that are legal and valid according to the Housing Act 1988.

As a landlord do I need to know about the Housing Act 1988?

You don’t need to know every rule and regulation by heart, but it is a good idea to be familiar with key aspects of it. It can be particularly useful to have a good understanding of the rules around eviction, rent increases and your obligations as these are the issues you’re most likely to come across.

It’s also vital to ensure that your tenancy agreement doesn’t go against any of the rules in the Housing Act 1988. If it does, you risk invalidating the whole contract which could affect any action you take against your tenants.

What are my rights and responsibilities as a landlord?

Being a landlord comes with a whole host of responsibilities. Ultimately, that means ensuring your property is safe and habitable for your tenants. This includes arranging the relevant gas, electrical, and fire safety checks and securing certification. You can find out more about what you need to do in our guide to landlord responsibilities .

When it comes to your rights, the Housing Act 1988 makes it very clear that as a landlord, you have the legal right to repossess your property. You also have the right to reasonable access, especially if it’s to carry out safety checks or if it’s an emergency.

You also have a right to expect your tenants to carry out their responsibilities which includes taking good care of your property and paying the agreed rent.

Does the Housing Act 1988 apply to Scotland, Wales, and Northern Ireland?

The Housing Act 1988 applies to England, Wales, and Scotland. Housing laws in Northern Ireland are set out in the Housing (Northern Ireland) Order 1981 .

However, since the late 1990s, housing has been devolved. That means each home nation is largely responsible for developing their own housing and property regulations.

In Wales, the National Assembly has passed several recent pieces of legislation which can be found at Wales.GOV, housing . For regulations in Scotland, head to GOV.Scot, private renting , and for legislation in Northern Ireland, visit Communities-NI.GOV,housing legislation .

Continuing changes within the private rental market

As the private rental market continues to evolve, so too will your responsibilities as a landlord. The good news is that at Alan Boswell Group, our five-star rated insurance products can help protect your assets. Take a look at our landlord hub to find out more about what we offer and how we can provide peace of mind.

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Tenancy rights of succession

17th March 2021

In certain circumstances, a right to succeed (or inherit) a tenancy will exist in the event of a tenant’s death. This will apply even in the case of a modern Assured Shorthold Tenancy as well as ‘older’ forms of tenancy.

Whether a right of succession will exist, what the conditions are and what type of tenancy will be acquired by the successor will depend on the type of tenancy held before the tenant’s death, and which of the various statutory regimes apply. These succession rights will apply automatically by operation of law, and where a right of succession exists that will take precedence over any bequest in the tenant’s Will or under the intestacy rules.

The statutory succession rights are set out below. Local Authority landlords and Registered Providers of Social Housing can provide for more favourable succession rights either in their tenancy agreement or their own housing policies, and are outside the scope of this Legal Update.

Assured and Assured Shorthold Tenants under the Housing Act 1988

Where the tenant had a periodic assured or assured shorthold tenancy (AST) immediately before their death, their spouse, civil partner or person living with the tenant as spouse or civil partner is entitled to succeed to the tenancy, where they were also occupying the property as their only or principal home with the tenant immediate before their death. The successor will acquire the same tenancy enjoyed by the tenant, so in the case of an AST, the successor will acquire an AST by succession.

Only one succession is permitted under the Housing Act 1988, and is only available where the tenancy is a sole tenancy, e.g. the succession rights will not apply in the case of joint tenancies. Where a joint tenant dies, the tenancy continues in favour of the surviving joint tenant by survivorship. A succession is not possible where the tenant was themselves a successor tenant.

Rent Act 1977 Tenancies

In the case of Rent Act 1977 tenancies, different rules apply. A spouse, civil partner or person living with the tenant as a spouse or civil partner can succeed to the tenancy, where they were also residing at the premises with the tenant immediately before their death. They will take a Rent Act 1977 statutory tenancy.

Under the Rent Act 1977, a family member may also succeed to the tenancy where they were residing with the tenant for two years before their death. A family member will take an assured tenancy under the Housing Act 1988, rather than a tenancy under the Rent Act 1977. As a result, the rent payable by the successor will not be subject to a fair rent registration as is the case with Rent Act 1977 tenancies, and a market rent will be payable.

There are potentially two successions available in the case of a Rent Act 1977 tenancy, where the first succession is to a spouse, civil partner or person living with the tenant as spouse or civil partner, and the second succession is to a family member (who must be a family member of both the original and the successor tenant).

Tenancies under the Housing Act 1985 (e.g. Local Authority Tenancies and some Housing Association Tenancies)

The succession rights under the Housing Act 1985 are more complicated and depend on when the tenancy was granted, following changes introduced by the Localism Act 2011.

Pre-01 April 2012 tenancies

For secure periodic tenancies granted prior to 01 April 2012, a spouse, civil partner or a member of the tenant’s family (to include a person living with the tenant as spouse or civil partner) can succeed to the tenancy. The only requirements for a spouse or civil partner to succeed is that they lived with the tenant, and the property was their only or principal home, at the time of the tenant’s death. For family members, they must have been living with the tenant for 12 months prior to their death, and they must have been occupying the premises as their only or principal home with the tenant. The secure tenancy held by the tenant will be acquired by the successor.

Only one succession is available. There is no right of succession where there is a joint tenancy, as the death of one joint tenant is treated as a succession. There is also no right of succession where the tenant was a successor or where there had been an assignment of the tenancy to a potential successor during the tenant’s lifetime.

Where the succession is to a family member, the landlord can seek possession of the premises under Ground 15A, Schedule 2 of the Housing Act 1985, where the accommodation is more extensive than is reasonably required by the successor (e.g. case of under-occupation). The Court must be satisfied that :-

• suitable alternative accommodation will be available for the tenant when the order takes effect; and

• it is reasonable to make the order.

In that event, notice of seeking possession must be served specifying Ground 15A, no earlier than 6 months and no later than 12 months after the death (or the landlord’s knowledge of the death).

The Housing and Planning Act 2016 introduces restrictions on ‘lifetime’ secure tenancies for family members succeeding to a secure tenancy under the Housing Act 1985, and replaces the current succession rules with a right to succeed to a five-year fixed term tenancy (instead of a periodic secure tenancy). At present, the relevant provisions are yet to come in force, so these provisions have not yet taken effect.

Post-01 April 2012 tenancies

For tenancies under the Housing Act 1985 granted on or after 01 April 2012 (secure, introductory and flexible tenancies), only a spouse, civil partner or person living with the tenant as spouse or civil partner can succeed to the tenancy, bringing the succession rules in line with those under the Housing Act 1988. The right to succeed will apply where the successor has been living with the tenant and occupying the premises as their only or principal home before the tenant’s death. The successor will acquire the tenancy held by the tenant prior to their death.

The same restrictions on successions apply as with pre-01 April 2012 tenancies as above.

Family members under the Housing Act 1985

Family members are expressly defined in Section 113 of the Housing Act 1985 as a person living with the tenant as spouse or civil partner, parents, grandparents, children and grandchildren, brothers and sisters, uncles, aunts, nephews, nieces. Relationships of marriage are treated as relationships of blood, meaning that step-children are treated as children of the step-parent. ‘Children’ does not, however, include foster children. There is no definition of a family member under the Rent Act 1977, but the Housing Act 1985 definition gives a good indication of what would be accepted.

Succession to a child

Where a child succeeds to a tenancy, the tenancy is held on trust (either by the landlord or by an personal representatives named in the tenant’s will) until the successor child reaches the age of 18.

Rent arrears

Any arrears owing by the tenant do NOT pass to the successor. The debt is owed by the tenant’s estate, which may in turn be the successor if they are the personal representative and beneficiary of the tenant’s estate.

Conclusions

Whether or not an occupier has a right to succeed to or inherit a tenancy following the tenant’s death will depend on the type of tenancy held by the tenant prior to their death and whether the occupier has satisfied the statutory criteria set out above. In each case, the evidence presented should be considered carefully to ensure that the ‘would-be’ successor has satisfied the criteria, for example when it comes to minimum residency requirements. This is particularly important where occupiers are to take on a valuable ‘life time’ tenancy (such as a secure, assured or Rent Act 1977 tenancy), which is difficult to terminate in the absence of any grounds for possession being made out.

This legal update is provided free of charge for information purposes only; it does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of KDL Law or by KDL Law as a whole.

If you have received this update in error or wish to unsubscribe from future updates then please email us at [email protected] .

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What is the Housing Act 1988 & what rights does it give me? (2024 update)

• Last updated: 22/07/2024

One of the leading statutes governing property law in England, The Housing Act 1988 covers a wide range of areas and decrees most of the rights and responsibilities of tenants and landlords. 

It also contains many qualifications and exceptions to the rules, which can be confusing.

If you're unsure what precisely the Act means for you, this guide provides an explanation of the rights that it offers you and a breakdown of its main purposes.

We’ve also covered some potential changes on the horizon, which could have far-reaching consequences for landlords and how you go about your business if new laws are passed.

What is the Housing Act 1988 & what rights does it give me?

As a landlord, you are very likely to have come across the Housing Act 1988 at some point.

It's referenced numerous times in the tenancy agreements you'll have signed and is, in essence, the law that governs the Private Rental Sector (PRS) and those who operate within it.

The easiest way to think of it is a rulebook containing both landlords' and tenants' statutory rights and legal responsibilities.

It's not the same as a tenancy agreement, which is a common misconception among landlords and tenants who often confuse the two.

While a tenancy agreement is a legal contract between the two parties involved in a rental transaction, specifying the terms of the individual tenancy (such as its length and the amount of rent owed each month), the Housing Act is there to stipulate the conditions within the tenancy agreement.

Why did the Housing Act 1988 come into play?

Before 1988, the PRS looked very different, with most tenancies taking the form of 'protected and statutory' tenancies. This, in turn, created a legal system that came down heavily on the tenants' side.

As a result, a situation arose whereby tenants had the right to stay in a rented property indefinitely, passing the tenancy down to their relatives when they died.

In these scenarios, it became very tricky for landlords to get back possession of their properties.

As a consequence of this legal inequality, landlords became far less willing to let their properties over fears that they'd eventually lose control of them.

This, combined with the mass sell-off of council properties due to Margaret Thatcher's Right to Buy policy, led to a shortage of housing that the Housing Act 1988 sought to address.

How did the Act help to resolve the problem?

In a desperate attempt to revive the PRS and address the housing shortage, Government ministers spent more than 250 hours formulating laws that would redress the imbalance of power and encourage homeowners to rent out property again.

The proposed new laws were passed and came into being as the Housing Act 1988 on January 15 1989.

Several safeguards to ensure that landlords had the right to gain possession of their property should they need to were put in place, provided they followed the procedures set out in the statute.

The Housing Act 1988 dramatically changed three main areas of English property law in particular: Rent regulation, succession, and security of tenure.

Rent regulation

The Housing Act 1988 significantly reduced rent regulation, allowing landlords to charge whatever they liked for a property (something that is still the case today, despite growing calls from some for the return of rent controls of some description).

The change also meant that the only party with the right to challenge the prices set by landlords were their tenants.

There are only certain circumstances in which tenants may challenge the rent.

These are during the first six months of an assured shorthold tenancy (AST) or upon service of a notice to increase rent, which landlords can use annually to raise the rent after the fixed term has ended.

How does this affect me?

Tenants who believe their rent is higher than the current market value can refer their case to a Rent Assessment Panel for review in the first six months of an AST.

Most tenants, however, are unlikely to take this step in light of the powers you have, as a landlord, to end the tenancy in accordance with Section 21 of the Housing Act 1988 .

What's more, landlords can now increase rents without using the notice procedure, opting instead via a 'renewal' tenancy agreement.

The changes to rent regulation mean that tenants' rights to challenge landlords over rent – outlined above – have less sway over landlords and are, as a result, used less frequently. The amendments made as part of the Housing Act, and the rebalancing of power this caused, are one of the major reasons rental prices have grown so rapidly since the late 1980s.

As a result of the Housing Act 1988, the rules regarding succession became similar to those under the Rent Act, whereby only a spouse can inherit rental rights.

The changes to the succession laws directly impact very few landlords – mostly because assured tenancies, which state that only a spouse can inherit rental rights, are uncommon in the PRS.

Under ASTs, which also came into force in the late 1980s and now make up most tenancies in the PRS, there are no rights of succession. In other words, if the tenant dies, the spouse or other beneficiary has no right to remain in the property. With this type of tenancy, succession rights have become irrelevant precisely because the landlord now has the power to serve a Section 21 notice to evict the tenant through the courts.

Security of tenure

The Housing Act 1988 split the types of tenancy on offer into two: one offering long-term security and one without it. The former is known as an assured tenancy, which is very similar to the old 'protected' tenancy, albeit with the caveat that there's mandatory ground for possession in the case of serious rent arrears.

Assured tenancies are seldom used by private landlords but are much more likely to be utilised by social housing providers such as housing associations.

ASTs, by contrast, are much more prevalent among landlords – a type of assured tenancy which differs in two ways from the more traditional version. Firstly, it offers tenants the right to challenge the rent they are set in the first six months of a tenancy (explored above). Secondly, it provides an additional shorthold ground for possession, set out in Section 21 of the Housing Act 1988.

According to Section 5 of the Housing Act 1988, an assured tenancy or AST continues as a statutory periodic tenancy after the end of the fixed contractual term.

While this offers tenants with an assured tenancy long-term security, a periodic AST means the let can be ended at any time on the proviso that a properly drafted Section 21 notice has been issued.

The right for the landlord to recover possession of the property after the end of the fixed term, under Section 21 of the Act, has helped alter the PRS radically.

As a result of Section 21, many people are willing to rent their property out, knowing that they can evict tenants and take possession of the property within six months of the contractually fixed term ending if required.

This is starkly different to the previous state of play, where a landlord could have found themselves obliged to rent the property to two generations of a family.

Previous changes to Section 21

The Deregulation Act 2015 introduced changes to prevent 'retaliatory evictions', with all new tenancies starting on or after October 1 2015, needing to adhere to new guidelines as to when and how a landlord can serve a Section 21 notice.

From October 1 2018, this now applies to all ASTs, regardless of their start date.

Under these rules, landlords (or letting agents working on their behalf) wishing to serve their tenants with a Section 21 or no-fault eviction need to do several things. This includes:

• Providing a copy of the licence to all of the property's tenants (if a property is subject to licensing).
• Providing tenants with the Prescribed Information relating to the protection of their deposit.
• Issuing the property's Energy Performance Certificate (EPC)
• Providing tenants with an up-to-date Gas Safety Certificate. 
• Ensuring that a "How to Rent" guide – either digitally or in hard copy – has been issued to tenants.

All the above documents must be up-to-date for the Section 21 notice to be valid. An EPC isn't required if you let a single room on an AST in a house of multiple occupations.

Landlords wishing to use the Section 21 notice must use Form 6a , which amalgamates the two former types of notices into a single notice for both periodic and fixed-term tenancies. Since October 1 2018, the old forms have no longer been valid.

How important is the Housing Act 1988?

As the Act specifies the legal rights of both property owners and their tenants, it's hugely important for landlords.

It's crucial to remember that the goal of the Housing Act 1988 isn't to shift all of the power in the direction of landlords – instead, it's there to make sure that both parties are treated fairly.

It's key to have a broad understanding of the areas the Act governs to allow you to refer to it if issues arise, but being familiar with the law in its entirety won't be necessary.

As a landlord, you must know your rights and responsibilities – and getting a good hold on the Housing Act 1988 will help you achieve that.

It's also essential that, as a landlord, you make sure that none of the clauses in your tenancy agreement(s) conflict with the statutory rights outlined within the Housing Act 1988.

By not complying with this law, your tenancy agreement would become invalid, with the Housing Act having the status as a ruling law which can't be overwritten.

In particular, the Act is very strict regarding AST agreements, which came into force at the same time as the Act itself.

Proposed scrapping of Section 21 “no fault” evictions

In 2019, then Prime Minister Theresa May promised to abolish Section 21 notices. This edict was enshrined in the Conservatives’ manifesto later that year by subsequent premier, Boris Johnson.

Five years later, and two PMs later, the Renters (Reform) Bill, which would make this law, is slowly making its way through the House of Commons.

At the time of writing, the Bill was due a third reading in parliament. However, it has stalled at this stage (even before passing through the House of Lords, which is the next requirement to achieve Royal Assent) after the government announced an indefinite delay, pending court reforms to cope with the proposed changes.

So what are those changes? 

If the Bill were to be passed, AST agreements and Section 21 notices would both be abolished.

Rolling monthly tenancy agreements would become the standard, with tenants able to give two months’ notice while landlords would need reasonable grounds for eviction under a strengthened Section 8 of the Housing Act 1988. 

However, landlords would be given greater powers to evict tenants more quickly in case of persistent rent arrears or anti-social behaviour.

January 1989 – The original laws, proposed in 1988, come into effect.

1996 – Review of the Act to identify potential shortcomings.

1997 – In an effort to update the Act and amend the deficiencies found in the review, revisions were made regarding grounds of possession, rent arrears and various other areas.

October 2015 – Changes are made to Section 21 notices for all new AST in England starting on or after October 1 2015.

October 2018 – All remaining ASTs are subject to the new rules.

2019 – The Conservative Manifesto 2019 promises to abolish Section 21 “no fault” evictions.

June 2022 – The Government publishes a white paper entitled “A fairer private rented sector”, which outlines proposals to abolish section 21 evictions and introduce a more secure tenancy structure.

May 2023 – The Renters (Reform) Bill is presented to parliament for its first reading.

October 2023 – The Bill gets its second reading, giving MPs the chance to debate it in parliament. It is announced that the courts will need to be reformed before Section 21 can be abolished.

2024 – The third reading of the Bill has yet to be announced. If passed in the House of Commons, the Bill would then need to pass through the House of Lords before receiving Royal Assent.

Further reading

The Housing Act 1988 is too detailed and complex to cover comprehensively in one article alone. To read the Act in full, visit the government's page here .

As long as you understand that it governs nearly all of your rights concerning rental property, you'll know where to turn should you require an explanation of your or your tenant's rights in scenarios where they conflict.

For more information about the Renters (Reform) Bill and the potential abolition of Section 21 Notices, check out these articles we’ve written on and around those subjects:

• The past and future of the lettings market what's next
• Why there has never been a better time for landlords to work with letting agents
• Rishi Sunak and Rental Reform - Where does he stand?
• Rental reform White Paper released

Rent Guarantee Insurance from HomeLet

The future of the Private Rented Sector (PRS) is uncertain. Whether the Renters (Reform) Bill and the proposed abolition of ASTs and Section 21 notices come to light remains to be seen, leaving landlords in limbo.

What is certain is that landlords can benefit from an extra helping hand to find certainty in the current climate. 

Rent Guarantee Insurance from HomeLet offers just that with the following key benefits:

• Rent paid in full for up to 12 months during periods of non-payment. 
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• Up to £50,000 to cover eviction costs and help from legal experts.
• Guidance and support from HomeLet’s in-house Claims team.

Secure your present and future rental income with Rent Guarantee Insurance from HomeLet.

To find out more about Rent Guarantee Insurance or to purchase a policy, please contact us on 0800 035 8258 or request a callback to discuss your needs at your convenience.

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Position of subtenant when mesne tenancy ends

When the mesne tenancy ends, the subtenancy usually also ends, unless subtenant becomes the tenant of the head landlord.

Status after the mesne tenancy ends

Lawful and unlawful sublets, eviction after the mesne tenancy ends, exceptions to the general rule.

As long as the mesne tenant (the subtenant's landlord) continues to hold a tenancy, the subtenant can be advised in the same way as any other tenant. Once the mesne tenancy ends, the position of the subtenant is more complex.

The common law rule is that when the mesne tenancy ends, the subtenancy also ends. This applies whether the mesne tenancy ends when a fixed term ends (also known as 'by effluxion of time') or by service of a valid notice to quit, or the operation of a break clause , by either the landlord or the mesne tenant. [ 1 ]

However, there are exceptions where the subtenant may become the tenant of the head landlord when the mesne tenancy ends.

The right of the subtenant to remain in occupation and how easily they can be evicted after the mesne tenancy ends often depends on the whether the sublet is lawful or unlawful.

A tenant who has been given permission to sublet, subject to any conditions, has created a lawful subtenancy.

If the tenant did not have permission to sublet, it is an unlawful subtenancy .

Even if a subletting is unlawful, it can subsequently be 'legalised' if the head landlord waives, or agrees not to act on, the breach of the tenancy agreement. This could be done by continuing to accept rent from the mesne tenant despite being aware of the unlawful subletting. [ 2 ]

When the mesne tenancy ends and none of the exceptions below apply, the head landlord can evict the subtenant.

Lawful subtenancy

The Protection from Eviction Act 1977 only applies to occupiers in lawful occupation when the tenancy ended. [ 3 ]

If the subtenancy was lawful, the head landlord must obtain a court order to evict the subtenant (but does not have to prove any grounds for possession) where the mesne tenancy was secure or basic protected. This is because the requirement for a court order in the Protection from Eviction Act only applies to tenancies that do not have 'statutory protection', as defined in the Act. [ 4 ] The Act does not include secure or basic protection tenancies in the list of tenancies with statutory protection.

The head landlord does not have to serve a separate notice on any subtenant.

The lawful subtenants of statutorily protected mesne tenants, are generally not entitled to a court order. Statutorily protected tenants include assured, assured shorthold and regulated tenants. 

A lawful subtenant can argue the head landlord must apply for a court order where the mesne tenant lost statutory protection, and gave notice to quit to the head landlord after losing statutory protection.

Unlawful subtenancy

If the subtenancy was unlawful, the subtenant is a trespasser not covered by the Protection from Eviction Act 1977. The head landlord does not need to obtain a court order to evict the subtenant.

The following four situations are exceptions to the general rule that the subtenancy ends when the mesne tenancy ends.

Surrender agreed by the mesne tenant and head landlord

If there is a surrender of the tenancy agreed by the head landlord and mesne tenant, then the subtenancy continues and be binding on the head landlord. [ 5 ] The tenancy continues on the same terms as the subtenant's existing agreement, and it appears not to matter whether the subletting is lawful or unlawful. [ 6 ]

The subtenant only has a change of status if one of the conditions for the type of tenancy is no longer fulfilled. This could happen if the new landlord is no longer resident or if the new landlord is a public sector landlord and the old landlord was private sector.

Forfeiture is rarely used and is a landlord's only method of ending a contractual tenancy before it has expired without the tenant's consent, unless there is a break clause in the agreement

Forfeiture can only be used if there is a term in the tenancy agreement that allows the landlord to forfeit the tenancy for a particular reason.

Reasons for forfeiture could include:

'breach of covenant' (not complying with a term of the tenancy)

failure to pay the ground rent

failure to pay service charges 

Where the landlord acts in such a way to unequivocally affirm the lease (such as demanding or accepting payment of rent) then they waive their right to forfeit the lease. [ 7 ] Forfeiture proceedings in short-term residential tenancies are now uncommon, as they do not apply to assured tenancies. However, forfeiture proceedings may be encountered where the mesne tenant is a regulated tenant, long leaseholder or business tenant.

Tenants who are faced with forfeiture proceedings can apply to the court for 'relief' (this is a way of getting the forfeiture reversed). If a head landlord takes forfeiture proceedings against a mesne tenant, not only can the mesne tenant apply for relief (if this application is successful, the mesne tenancy and subtenancy continues as before), but the subtenant can also apply. [ 8 ]

The subtenant must apply for relief before the forfeiture proceedings against the mesne tenant are completed, unless the forfeiture is for rent arrears, in which case the subtenant may apply even after proceedings are completed. [ 9 ]

Relief is unlikely to be granted where the tenants have exercised wilful bad behaviour with regards to the tenancy, acted without regard to the landlord's rights, or are unamenable to any court orders or enforcement processes. [ 10 ]

If the subtenant is successful in applying for relief, they obtain a new tenancy, held directly from the head landlord, although it cannot be longer than the original tenancy. Other conditions can be imposed at the court's discretion. The court may ask the subtenant to pay off any rent arrears owed by the mesne tenant or to pay the head landlord's costs. It is likely that the terms of the new tenancy will be similar to those of the mesne tenant's previous tenancy, and not on the same terms as the subtenant's previous tenancy. 

The right to apply for relief applies even when the subtenancy is granted unlawfully.

Protection for regulated subtenants – section 137 of the Rent Act 1977

Although the common law rule is that subtenancies end when the mesne tenancy ends, there is an important exception to this in section 137 of the Rent Act 1977. If both the mesne tenant and the subtenant are regulated tenants under the Rent Act 1977, and the mesne tenancy ends, then any lawful subtenant becomes the tenant of the head landlord. [ 11 ] The tenancy that the subtenant then holds from the head landlord is on the same terms as that which they held from the mesne tenant. [ 12 ]

The subletting must be lawful for this to be effective, and the whole of the property must have been sublet. Section 137 does not apply if the mesne tenancy is a protected shorthold tenancy . [ 13 ]

If the subtenancy is a regulated tenancy of part of the premises, but the mesne tenancy is not a regulated tenancy, the subtenancy remains with protection under section 137(3) of the Rent Act 1977 against the head landlord if the mesne tenancy comes to an end. Case law has established that this rule also applies where the mesne tenancy is not a residential tenancy but a business tenancy. [ 14 ]

Protection for assured/AST subtenants – section 18 of the Housing Act 1988

Section 18 of the Housing Act 1988 gives assured/assured shorthold subtenants similar protection to that given to regulated tenants.

If the mesne tenant loses or gives up the tenancy, the subtenant becomes the tenant of the head landlord, so long as the subletting was lawful and the subtenant is an assured/assured shorthold tenant. The mesne tenant does not need to be an assured/assured shorthold tenant.

If the mesne tenancy is a business tenancy, the assured/assured shorthold subtenant can still become the tenant of the head landlord. The subtenant then holds an assured/assured shorthold tenancy from the head landlord (unless the tenancy falls into one of the categories of tenancy that cannot be assured under the Housing Act 1988, for example, because the head landlord is the crown or a local authority). [ 15 ]

The head landlord cannot serve notice to end the assured/assured shorthold subtenancy until the mesne tenancy has ended. [ 16 ]

It is not uncommon for the mesne tenant in the private rented sector to be a company. If the company is dissolved, the superior tenancy does not end but vests in the Crown. [ 17 ]

Last updated: 20 October 2023

Metropolitan Properties Co. v Cordery [1979] 39 P&CR 10 CA.

Pennell v Payne [1995] QB 192.

ss.3(1) and 8(1) Protection from Eviction Act 1977.

Mellor v Watkins (1874) LR 9 QB 400.

Parker v Jones [1910] 2 QB 32.

Thomas v Ken Thomas Ltd [2006] EWCA 1504; Greenwood Reversions Ltd v World Environment Foundation Ltd and Mehra [2008] EWCA Civ 47.

s.146(4) Law of Property Act 1925.

Ladup Ltd v Williams and Glyn's Bank [1985] 2 All ER 577.

Greenwood Reversions Ltd v World Environment Foundation Ltd and Mehra [2008] EWCA Civ 47.

s.137 Rent Act 1977.

s.137(2) Rent Act 1977.

s.54(1) Housing Act 1980.

Wellcome Trust Ltd v Hammad [1998] QB 638 CA.

Sch.1 Housing Act 1988.

(1) Barrow & (2) Amey v Kazim & Ors [2018] EWCA Civ 2414.

s.1012 Companies Act 2006; Cussinel v Guerin [2023] UKUT 235 (LC).

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• The Landlord and Tenant Act 1985: a brief guide

29 August 2024

The Landlord and Tenant Act 1985 is a cornerstone piece of legislation for social housing landlords and is one of the documents we most often revisit.  

This Act lays down essential rights and obligations that govern the relationship between landlords and tenants, ensuring that housing standards are maintained, and tenants are treated fairly.  

For social housing landlords, understanding the intricacies of this Act is not just a legal requirement but also a practical necessity for managing properties effectively and avoiding potential disputes. 

The Act covers several key areas of the landlord-tenant relationship, including repair obligations, the provision of information, service charges, and tenant consultation. These provisions are particularly relevant for social housing landlords who are often responsible for a large number of properties and have a duty to ensure that these properties meet certain standards. 

The easiest way to manage your compliance with the Act is through an experienced and qualified solicitor, but here’s a brief overview of what it encompasses.  

Your repair obligations 

Under Section 11 of the Act, landlords have a statutory duty to keep the structure and exterior of the dwelling in repair.  

This includes ensuring that: 

• The foundations, walls, roofs, drains, gutters, and external pipes are maintained. 
• Installations for the supply of water, gas, electricity, and sanitation are kept in proper working order. 
• Installations for space heating and heating water are in good repair. 

This duty applies to the structure and exterior of the building and to any parts of the building in which the landlord retains an interest, such as common areas in blocks of flats.  

The landlord’s obligations extend to repairing any damage caused by their failure to maintain these installations, even if the tenant is responsible for the initial damage. 

It is important to note that these obligations cannot be contracted out of or avoided by inserting contrary provisions in the Tenancy Agreement.  

Therefore, social housing landlords must ensure that their properties are regularly inspected and maintained to comply with these statutory duties. 

The provision of information 

Social housing landlords must provide tenants with certain information under the Act. For instance, Section 3 requires landlords to provide their name and address to tenants. If the landlord is a company, they must also provide the address of their registered office. 

This information must be given to the tenant within 21 days of a written request and failure to provide this information can result in a fine.  

It is, therefore, advisable for social housing landlords to ensure that this information is readily available and provided promptly upon request. 

Service charges 

Service charges are another critical area covered by The Landlord and Tenant Act 1985.   

Social housing landlords often require tenants to contribute towards the cost of maintaining communal areas and services, such as lifts, gardens, and cleaning services. 

Under Sections 18 to 30 of the Act, service charges must be reasonable, and landlords must provide a breakdown of these charges if requested.  

Tenants have the right to request a summary of the costs incurred and, in some cases, to inspect relevant accounts, receipts, and other documents. This transparency is crucial in maintaining trust between landlords and tenants. 

In addition, landlords must consult tenants before carrying out major works or entering into long-term agreements that will result in service charges. The consultation process, often referred to as a “Section 20 consultation,” is designed to give tenants a say in the management of their homes and to ensure that the costs incurred are reasonable. Beyond service charge consultations, the Act also emphasises the importance of tenant involvement in decision-making processes.  

Under Section 20ZA, social housing landlords must consult tenants before making any significant changes to the management or maintenance of their properties. This requirement is particularly relevant in the context of housing associations or local authorities managing large estates. Failure to consult tenants appropriately can result in the landlord being unable to recover some or all of the costs associated with the works or services. You should, therefore, have clear procedures in place to ensure that tenant consultations are carried out in compliance with the Act. 

A tenant’s right to manage 

The Act also provides tenants with a “Right to Manage” under certain conditions.  

This allows tenants, through a Right to Manage company, to take over the management of their block of flats from the landlord. While this right is more commonly associated with private leaseholders, it can also apply to social housing tenants in certain circumstances. 

For social housing landlords, it is essential to be aware of this potential right and to understand the conditions under which tenants might seek to exercise it.  

Ensuring that management standards are consistently high and that tenants are involved in decision-making processes can help prevent the need for tenants to seek alternative management arrangements. 

Enforcement and penalties 

The Landlord and Tenant Act 1985 also sets out enforcement mechanisms and penalties for non-compliance.  

Tenants have the right to take legal action against landlords who fail to meet their obligations under the Act. This can include seeking damages, injunctions, or specific performance orders requiring the landlord to carry out repairs. For social housing landlords, the reputational and financial costs of non-compliance can be significant.  

It is, therefore, crucial to ensure that all obligations under the Act are met and that any issues raised by tenants are addressed promptly and effectively. 

Practical steps for social housing landlords 

To ensure compliance with the Landlord and Tenant Act 1985, social housing landlords should consider the following practical steps: 

• Regular inspections: carry out regular inspections of properties to identify and address any repair issues promptly. 
• Clear communication: ensure that tenants are provided with all required information and that communication channels are open and effective. 
• Service charge transparency: maintain clear and accurate records of all service charges and provide tenants with detailed breakdowns when requested. 
• Tenant consultation: develop and implement robust tenant consultation procedures, particularly for major works or changes to management practices. 
• Legal compliance: stay informed about any changes to the law and ensure that all practices and procedures are updated accordingly. 

By adhering to these steps and maintaining a thorough understanding of The Landlord and Tenant Act 1985, you can effectively manage your properties, meet your legal obligations, and foster positive relationships with your tenants. 

Andrew Harmer

Jennifer Banfield

The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at August 2024.

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Need advice on RUB, SIM and Taxi - Vladivostok Forum

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Need advice on RUB, SIM and Taxi

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We are travelling to Vladivostok in Feb., with a kid, we are a bit paranoid! As I find it is pretty hard to exchange RUB in my country!

We will arrive at midnight. That’s another fact we were worried if we do not have RUB in hands, we can’t even take a taxi!

Do you guys think it’s easy to get RUB from the ATM machine in the Airport? Is the service charge high or not?

Any SIM card recommended?

Do you think we could find taxi from the airport at midnight? Is the fare standard or we need to bargain?

Someone suggest me to use Maxim app for taxi, anyone try this before?

20 replies to this topic

Atms in Russia are reliable and do not charge anything on top of your bank's charges. Just get your roubles. Also, besides Maxim, there are bigger taxi apps to use, Uandex.taxi is the biggest, Uber and Gett as well. They propose fixed price before you book, and you can link your card to pay. Any sim card from MTS, Beepine or Megafon are equally fine.

Vasily is on the money on both, book you Taxi ahead of time and not worry about negotiations at the Airport. ATM's in Russia are everywhere.

As for a SIM, it is about $US8 a month, and we got ours from MTC (suggested by Vasily) and they include UNLIMITED DATA !! We got SIM's for our 2 teenage daughters as we are here for a Month and they were over the moon.

Now, buying your SIM, you will need your Passport, and it's not a Tourist thing, even Russians need their passports to buy SIMs. Well keeping your Passport handy at all times is recommended as you will need it for some attractions, it's sort of the default form of identification carried in Russia.

Tripadvisor staff removed this post because it did not meet Tripadvisor's forum guideline limiting each user to a single forums screen name.

Can I use credit card to Maxim or can I call the taxi in the airport with my SIM card? Any free WiFi at the airport? Thanks!

Most probably there is a taxi desk at tje airport, accepting cards and providing a fixed rate ride on a waiting taxi. Would be a little more expensive than using an app, but fast and convenient. There will be wifi. I expect airport's website to be informative...

Tripadvisor staff removed this post at the original author's request.

http://vvo.aero/en/passazhiram/transport/taksi.html

there is a taxi desk, so no worries

>Do you guys think it’s easy to get RUB from the ATM machine in the Airport? Is the service charge high or not?

No hassle at all. There are tons of ATMs, and they don't charge anything above your bank fee.

>Any SIM card recommended?

They are all pretty much the same, though I use MTS for a 12 years now, and don't see any reason to switch. All Big Three ops are equally sh1tty (from a Japanese POV), awesome (from a US POV) or mediocre (from a Russian POV).

>Do you think we could find taxi from the airport at midnight?

No probs at all. Use an app-based cab or ask at the official taxi desk near the exits. The latter is a bit more expensive, but as safe and reliable as the app service, because it's actually the same, just set up by the AP that takes some markup for themselves.

>Is the fare standard or we need to bargain?

Only bargainable if you make a mistake to listen to the taxi mafia in the hall, but they'll swindle you anyway. Don't try to talk to them, use an app or the official taxi desk. There the fare would be fixed.

>Someone suggest me to use Maxim app for taxi, anyone try this before?

I use them, well, almost everyday, and they're somewhat mediocre, with a lot of immigrant drivers not knowing the city or the language, but with the GPS they manage. Yandex is slightly better and slightly costlier. Gett, Rutaxi, etc. I don't use. Uber in Russia is basically the same as Yandex, but if you already have an Uber app you can use it right away.

>Can I use credit card to Maxim or can I call the taxi in the airport with my SIM card? Any free WiFi at the airport? Thanks!

You may both, though as with Yandex you'd need to tie in your card first (the app checks the card by deducing $1 from your account, and then drops the transaction, so the money gets returned, this is normal and not a reason to worry). Free WiFi in the AP around the clock. There's also a taxi desk where you can order a taxi even without a a card or app. The cost is marked up somewhat, but no more than 50-70%, which is free compared to the taxi mafia in the arrival hall. Expect no more than 2000 rub to the downtown, the app price is ~1000 rub.

>With a taxi Maxime usually pay in cash!

I only ever pay them by card, and still live to tell the story. ;).

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• 01/02/1991 - Amendment
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Changes and effects yet to be applied to Part IV Crossheading Assignment-lodgers-and-subletting:

• specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

• Act savings and transitional provisions for amendments by S.I. 2022/1166 by S.I. 2022/1172 Regulations

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

• s. 81A - 81D and cross-heading inserted by 2016 c. 22 Sch. 7 para. 4 (This provision is amended by 2021 c. 7, ss. 79(3), 90(6); S.I 2021/1038, reg. 3(c))
• s. 81B(1)(b) words inserted by 2018 c. 11 s. 1(3)
• s. 81B(2A) - (2C) inserted by 2018 c. 11 s. 1(2)
• s. 81B(2C) words substituted by 2021 c. 17 s. 79(3)(a)(i) (This amendment not applied to legislation.gov.uk. The insertion of s. 81B by 2016 c. 22, Sch. 7 para. 4 is still prospective)
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• s. 82(A1) (A2) inserted by 2016 c. 22 s. 119(2)(a)
• s. 82A(4A) (4B) inserted by 2016 c. 22 Sch. 7 para. 7(2)
• s. 86(1A) (1B) inserted by 2016 c. 22 Sch. 7 para. 10(3)
• s. 86(1C) inserted by 2016 c. 22 Sch. 8 para. 2
• s. 86A - 86F and cross-headings inserted by 2016 c. 22 Sch. 7 para. 11
• s. 86G s. 86A renumbered as s. 86G by 2016 c. 22 Sch. 8 para. 3(1)(a)
• s. 86G(8) inserted by 2016 c. 22 Sch. 8 para. 3(2)
• s. 88(1)(ba) inserted by 2016 c. 22 Sch. 8 para. 4
• s. 89(2A) - (2D) inserted by 2016 c. 22 Sch. 8 para. 5(3)
• s. 97(1A) inserted by 2016 c. 22 Sch. 7 para. 12(3)
• s. 99A(1A) inserted by 2016 c. 22 Sch. 7 para. 13(3)
• s. 115(3) - (7) inserted by 2024 c. 22 Sch. 9 para. 4(a)(ii)
• s. 115B 115C inserted by 2016 c. 22 Sch. 7 para. 15
• s. 305(1A) inserted by 2023 asc 3 Sch. 13 para. 68(b)
• s. 306(1A) inserted by 2023 asc 3 Sch. 13 para. 69(b)
• s. 353A inserted by 1996 c. 52 s. 73(1) (This amendment not applied to legislation.gov.uk. S. 73 repealed (6.4.2006 for E., 16.6.2006 for W.) by 2004 c. 34, Sch. 16; S.I. 2006/1060, art. 2(1)(e), Sch.; S.I. 2006/1535, art. 2(c), Sch.)
• s. 582(6)(aa) - (ac) substituted for s. 582(6)(a) by 2023 c. 55 Sch. 18 para. 4(2)(b)
• Sch. 1 para. 1ZA and cross-heading inserted by 2016 c. 22 Sch. 7 para. 17(2)
• Sch. 5A para. 3(3)(aa) inserted by 2023 c. 55 Sch. 18 para. 4(3)(b)(ii)
• Sch. 5A para. 3(6A) inserted by 2023 c. 55 Sch. 18 para. 4(3)(d)

Assignment, lodgers and subletting E+W

91 assignment in general prohibited. e+w.

(1) A secure tenancy which is—

(a) a periodic tenancy, or

(b) a tenancy for a term certain granted on or after 5th November 1982,

is not capable of being assigned except in the cases mentioned in subsection (3).

(2) If a secure tenancy for a term certain granted before 5th November 1982 is assigned, then, except in the cases mentioned in subsection (3), it ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

(3) The exceptions are—

(a) an assignment in accordance with section 92 (assignment by way of exchange);

F1 [ ( b ) an assignment in pursuance of an order made under—

(i) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(ii) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.), F2 . . .

(iii) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents) [ F3 , or

(iv) Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc. ) ] ]

(c) an assignmment to a person who would be qualified to succeed the tenant if the tenant died immediately before the assignment.

Textual Amendments

F1 S. 91(3)(b) substituted (1.10.1996) by 1996 c. 52 , s. 222 , Sch. 18 Pt. III para. 12 ; S.I. 1996/2402 , art. 3 (subject to transitional provisions and savings in Sch. )

F2 Word at the end of s. 91(3)(b)(ii) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33) , ss. 261(4) , 263(10) , Sch. 30 ; S.I. 2005/3175 , art. 2(6)

F3 S. 91(3)(b)(iv) and preceding word inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33) , ss. 81 , 263(2) , Sch. 8 {para. 24}; S.I. 2005/3175 , art. 2(1) , Sch. 1

92 Assignments by way of exchange. E+W

[ F4 (1) It is a term of every secure tenancy that the tenant may, with the written consent of the landlord, assign the tenancy to another secure tenant who satisfies the condition in subsection (2) [ F5 or to an assured tenant who satisfies the conditions in subsection (2A). ] ]

[ F4 (1) It is a term of every secure tenancy that the tenancy may, with the written consent of the landlord, assign the tenancy to—

(a) another secure tenant who satisfies the condition in subsection (2),

(b) an assured tenant who satisfies the conditions in subsection (2A), or

(c) a tenant who is a secure contract-holder and who satisfies the conditions in subsection (2B). ]

(2) The condition is that the other secure tenant has the written consent of his landlord to an assignment of his tenancy either to the first-mentioned tenant or to another secure tenant who satisfies the condition in this subsection.

[ F6 (2A) The conditions to be satisfied with respect to an assured tenant are—

( a ) that the landlord under his assured tenancy is [ F7 the Regulator of Social Housing, a private registered provider of social housing, ] F8 . . . a [ F9 a registered social landlord ] or a housing trust which is a charity; and

(b) that he intends to assign his assured tenancy to the secure tenant referred to in subsection (1) or to another secure tenant who satisfies the condition in subsection (2). ]

[ F10 (2B) The conditions to be satisfied with respect to a tenant who is a secure contract-holder are that—

(a) their landlord is a community landlord, and

(b) they intend to transfer their secure contract to—

(i) the secure tenant referred to in subsection (1),

(ii) another secure tenant who satisfies the condition in subsection (2), or

(iii) another secure contract-holder. ]

(3) The consent required by virtue of this section shall not be withheld except on one or more of the grounds set out in Schedule 3, and if withheld otherwise than on one of those grounds shall be treated as given.

(4) The landlord may not rely on any of the grounds set out in Schedule 3 unless he has, within 42 days of the tenant’s application for the consent, served on the tenant a notice specifying the ground and giving particulars of it.

(5) Where rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed, the consent required by virtue of this section may be given subject to a condition requiring the tenant to pay the outstanding rent, remedy the breach or perform the obligation.

(6) Except as provided by subsection (5), a consent required by virtue of this section cannot be given subject to a condition, and a condition imposed otherwise than as so provided shall be disregarded.

[ F11 (7) In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) —

(a) “ community landlord ” (see section 9 of that Act);

(b) “ contract-holder ” (see section 7 (see also section 48) of that Act);

(c) “ secure contract ” (see section 8 of that Act). ]

F4 S. 92(1) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 11(13)(a) (with savings and transitional provisions in S.I. 2022/1172 , regs. 2 , 11 , 12 , 19 )

F5 Words added by Local Government and Housing Act 1989 (c. 42, SIF 61) , s. 163(1)

F6 S. 92(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61) , s. 163(3)

F7 Words in s. 92(2A)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866) , art. 1(2) , Sch. 2 para. 21 (with art. 6 , Sch. 3 )

F8 Words in s. 92(2A)(a) repealed (1.11.1998) by 1998 c. 38 , ss. 140 , 152 , Sch. 16 para. 10 , Sch. 18 Pt. VI (with ss. 137(1) , 139(2) , 141(1) , 143(2) ); S.I. 1998/2244 , art. 5

F9 Words in s. 92(2A)(a) substituted (1.10.1996) by S.I. 1996/2325 , art. 5(1) , Sch. 2 para. 14(9)

F10 S. 92(2B) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 11(13)(b) (with savings and transitional provisions in S.I. 2022/1172 , regs. 2 , 11 , 12 , 19 )

F11 S. 92(7) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166) , regs. 1(1) , 11(13)(c) (with savings and transitional provisions in S.I. 2022/1172 , regs. 2 , 11 , 12 , 19 )

Modifications etc. (not altering text)

C1 S. 92(2A)(a) modified (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839) , art. 3 , Sch. para. 2(1) (with art. 6 ); S.I. 2008/3068 , arts. 1(2) , 2(1)(b) (with arts. 6-13 )

93 Lodgers and subletting. E+W

(1) It is a term of every secure tenancy that the tenant—

(a) may allow any persons to reside as lodgers in the dwelling-house, but

(b) will not, without the written consent of the landlord, sublet or part with possession of part of the dwelling-house.

(2) If the tenant under a secure tenancy parts with the possession of the dwelling-house or sublets the whole of it (or sublets first part of it and then the remainder), the tenancy ceases to be a secure tenancy and cannot subsequently become a secure tenancy.

94 Consent to subletting. E+W

(1) This section applies to the consent required by virtue of section 93(1)(b) (landlord’s consent to subletting of part of dwelling-house).

(2) Consent shall not be unreasonably withheld (and if unreasonably withheld shall be treated as given), and if a question arises whether the withholding of consent was unreasonable it is for the landlord to show that it was not.

(3) In determining that question the following matters, if shown by the landlord, are among those to be taken into account—

(a) that the consent would lead to overcrowding of the dwelling-house within the meaning of Part X (overcrowding);

(b) that the landlord proposes to carry out works on the dwelling-house, or on the building of which it forms part, and that the proposed works will affect the accommodation likely to be used by the sub-tenant who would reside in the dwelling-house as a result of the consent.

(4) Consent may be validly given notwithstanding that it follows, instead of preceding, the action requiring it.

(5) Consent cannot be given subject to a condition (and it purporting to be given subject to a condition shall be treated as given unconditionally).

(6) Where the tenant has applied in writing for consent, then—

(a) if the landlord refuses to give consent, it shall give the tenant a written statement of the reasons why consent was refused, and

(b) if the landlord neither gives nor refuses to give consent within a reasonable time, consent shall be taken to have been withheld.

95 Assignment or subletting where tenant condition not satisfied. E+W

(1) This section applies to a tenancy which is not a secure tenancy but would be if the tenant condition referred to in section 81 (occupation by the tenant) were satisfied.

(2) Sections 91 and 93(2) (restrictions on assignment or sub-letting of whole dwelling-house) apply to such a tenancy as they apply to a secure tenancy, except that—

(a) section 91(3)(b) and (c) (assignments excepted from restrictions) do not apply to such a tenancy for a term certain granted before 5th November 1982, and

(b) references to the tenancy ceasing to be secure shall be disregarded, without prejudice to the application of the remainder of the provisions in which those references occur.

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