Textual Amendments
F1Pt. 5 Ch. 1A inserted (30.6.2004 for E., 30.9.2004 for W. for specified purposes, 30.4.2005 for W. so far as not already in force) by Anti Social Behaviour Act 2003 (c. 38), s. 93, Sch. 1 para. 1; S.I. 2004/1502, art. 2(a)(iii); S.I. 2004/2557, art. 2(a)(ii); S.I. 2005/1225, art. 2(b)
(1)This section applies if the tenant under a demoted tenancy dies.
(2)If the tenant was a successor, the tenancy—
(a)ceases to be a demoted tenancy, but
(b)does not become a secure tenancy.
(3)In any other case a person is qualified to succeed the tenant if—
(a)he occupies the dwelling-house as his only or principal home at the time of the tenant’s death,
(b)he is a member of the tenant’s family, and
(c)he has resided with the tenant throughout the period of 12 months ending with the tenant’s death.
(4)If only one person is qualified to succeed under subsection (3) the tenancy vests in him by virtue of this section.
(5)If there is more than one such person the tenancy vests by virtue of this section in the person preferred in accordance with the following rules—
(a)the tenant’s [F2 spouse or civil partner or (if the tenant has neither spouse nor civil partner) ] the person mentioned in section 143P(1)(b) is to be preferred to another member of the tenant’s family;
(b)if there are two or more other members of the tenant’s family the person preferred may be agreed between them or (if there is no such agreement) selected by the landlord.]
Textual Amendments
F2Words in s. 143H(5)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 55; S.I. 2005/3175, art. 2(1), Sch. 1