Q&As

What happens to a secure tenancy when a local authority sells the freehold subject to the secure tenancy?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 25/04/2018

The following Property Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • What happens to a secure tenancy when a local authority sells the freehold subject to the secure tenancy?
  • Secure tenancies
  • Sale of the freehold
  • Illustration in case law
  • Statutory safeguards

What happens to a secure tenancy when a local authority sells the freehold subject to the secure tenancy?

Secure tenancies

Section 79 of the Housing Act 1985 (HA 1985) defines when a tenancy will be a secure tenancy. HA 1985, s 79(1) provides:

‘A tenancy under which a dwelling-house is let as a separate dwelling is a secure tenancy at any time when the conditions described in sections 80 and 81 as the landlord condition and the tenant condition are satisfied.’

Thus two main conditions must be met: the ‘landlord condition’ and the ‘tenant condition’.

HA 1985, s 80 describes the ‘landlord condition’. In essence, HA 1985, s 80 prescribes that the ‘landlord condition’ is only met if the landlord of the property is one of a specified list of types of landlord (the most prominent of which is a local authority

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