Section 143GB — Housing and Planning Act 2016: Succession to demoted tenancy: England

Succession to demoted tenancy: England 143GB 1 This section applies if the tenant under a demoted tenancy of a dwelling-house in England dies.

2 Where there is a person qualified to succeed the tenant under section 143GA, the tenancy vests by virtue of this section—

a in that person, or b if there is more than one such person, in such one of them as may be agreed between them or as may, where there is no agreement, be selected by the landlord.

3 Where a periodic demoted tenancy vests in a person qualified to succeed the tenant under section 143GA(2) or (4) and continues to be a demoted tenancy—

a the tenancy comes to an end immediately after vesting, and b a new tenancy of the same dwelling-house arises by virtue of this subsection for a fixed term of 5 years.

4 The parties and terms of a tenancy arising by virtue of subsection (3) are the same as those of the tenancy that it replaces, except that the terms are confined to those which are compatible with a tenancy for a fixed term of 5 years.

5 Where a demoted tenancy comes to an end and a new tenancy arises by virtue of subsection (3), as from that time the demotion order is to be treated for all purposes as it had been made in relation to the new tenancy (and the demotion period remains the same).