Section 10A — Housing Act 1988: Power to order transfer of tenancy in certain cases

Power to order transfer of tenancy in certain cases 10A 1 This section applies on an application for an order for possession of a dwelling-house let on an assured tenancy if the court is satisfied that—

a Ground 7B in Schedule 2 is established, b no other ground in that Schedule is established, or one or more grounds in Part 2 of that Schedule are established but it is not reasonable to make an order for possession on that ground or those grounds, c the tenancy is a joint tenancy, and d one or more of the tenants is a qualifying tenant.

2 In subsection (1)(d) “ qualifying tenant ” means a person who (within the meaning of Ground 7B) is not disqualified as a result of the person's immigration status from occupying the dwelling-house under the tenancy.

3 The court may, instead of making an order for possession, order that the tenant's interest under the tenancy is to be transferred so that it is held—

a if there is one qualifying tenant, by the qualifying tenant as sole tenant, or b if there is more than one qualifying tenant, by all of them as joint tenants.

4 The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants—

a are entitled to performance of the landlord's covenants under the tenancy, and b are liable to perform the tenant's covenants under the tenancy.

5 The effect of an order under this section is that, from the time it takes effect, any other person who was a tenant under the tenancy before the order took effect—

a ceases to be entitled to performance of the landlord's covenants under the tenancy, or b ceases to be liable to perform the tenant's covenants under the tenancy.

6 Subsection (5) does not remove any right or liability of the person which accrued before the order took effect.

7 An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants.

8 In particular, if the tenancy is a fixed term tenancy, the term comes to an end at the same time as if the order had not been made.