Section 10A — Power to order transfer of tenancy in certain cases
This version in force from 2026-05-01
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) [F1 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) [F1 Ground 7B in Schedule 2 is established,]
(b) [F1 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) [F1 the tenancy is a joint tenancy, and]
(d) [F1 one or more of the tenants is a qualifying tenant.]
(2) [F1 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) [F1 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) [F1 if there is one qualifying tenant, by the qualifying tenant as sole tenant, or]
(b) [F1 if there is more than one qualifying tenant, by all of them as joint tenants.]
(4) [F1 The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants—]
(a) [F1 are entitled to performance of the landlord's covenants under the tenancy, and]
(b) [F1 are liable to perform the tenant's covenants under the tenancy.]
(5) [F1 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) [F1 ceases to be entitled to performance of the landlord's covenants under the tenancy, or]
(b) [F1 ceases to be liable to perform the tenant's covenants under the tenancy.]
(6) [F1 Subsection (5) does not remove any right or liability of the person which accrued before the order took effect.]
(7) [F1 An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants.]
(8) [F1 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.]
Amendment notes
- F1 S. 10A inserted (1.12.2016) by Immigration Act 2016 (c. 19), ss. 41(5), 94(1) (with s. 41(7)); S.I. 2016/1037, reg. 5(e)