City Research Online

Second successions to secure tenancies

Loveland, I. (2012). Second successions to secure tenancies. The Conveyancer and Property Lawyer, 2012(6), pp. 453-466.


One of the lower profile elements of the Localism Act 2011 is found in s.160. This provision alters (in England but not Wales) the previous rules relating to succession rights to secure tenancies. With respect to tenancies entered into since April 1 2012, succession rights are now limited to a tenant’s co-resident spouse/partner/civil partner. The previous provisions made for succession by various family members in the Housing Acts 1980 and then 1985 have been removed (although local authorities may create such rights contractually). Since the provisions of the Localism Act 2011 are not retrospective, most succession cases will (for quite a few years) fall under the previous statutory scheme. This paper explores an ostensibly capricious anomaly within that scheme, and offers an analysis rooted in the HRA 1998 to overcome it.

Publication Type: Article
Additional Information: Loveland, I, Second successions to secure tenancies, 2012, Sweet and Maxwell, reproduced with permission of THOMSON REUTERS (PROFESSIONAL) UK LIMITED. This extract is taken from the author's original manuscript and has not been edited. The definitive, published, version of record is available here:
Subjects: K Law
Departments: The City Law School > Academic Programmes
Text - Accepted Version
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