Section 39 — Statutory tenants: succession.

(1) In section 2(1)(b) of the Rent Act 1977 (which introduces the provisions of Part I of Schedule 1 to that Act relating to statutory tenants by succession) after the words “statutory tenant of a dwelling-house” there shall be inserted “or, as the case may be, is entitled to an assured tenancy of a dwelling-house by succession”.

(2) Where the person who is the original tenant, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in Part I of Schedule 4 to this Act.

(3) Where subsection (2) above does not apply but the person who is the first successor, within the meaning of Part I of Schedule 1 to the Rent Act 1977, dies after the commencement of this Act, that Part shall have effect subject to the amendments in paragraphs 5 to 9 of Part I of Schedule 4 to this Act.

(4) In any case where the original occupier, within the meaning of section 4 of the Rent (Agriculture) Act 1976 (statutory tenants and tenancies) dies after the commencement of this Act, that section shall have effect subject to the amendments in Part II of Schedule 4 to this Act.

(5) In any case where, by virtue of any provision of—

(a) Part I of Schedule 1 to the Rent Act 1977, as amended in accordance with subsection (2) or subsection (3) above, or

(b) section 4 of the Rent (Agriculture) Act 1976, as amended in accordance with subsection (4) above,

a person (in the following provisions of this section referred to as “the successor”) becomes entitled to an assured tenancy of a dwelling-house by succession, that tenancy shall be a periodic tenancy arising by virtue of this section.

(6) Where, by virtue of subsection (5) above, the successor becomes entitled to an assured periodic tenancy, that tenancy is one—

(a) taking effect in possession immediately after the death of the protected or statutory tenant or protected occupier (in the following provisions of this section referred to as “the predecessor”) on whose death the successor became so entitled;

(b) deemed to have been granted to the successor by the person who, immediately before the death of the predecessor, was the landlord of the predecessor under his tenancy;

(c) under which the premises which are let are the same dwelling-house as, immediately before his death, the predecessor occupied under his tenancy;

(d) under which the periods of the tenancy are the same as those for which rent was last payable by the predecessor under his tenancy [F1 (but this is subject to section 4A)];

(e) under which, subject to sections 13 to 15 [F2 sections 13 to 16B] above, the other terms are the same as those on which, under his tenancy, the predecessor occupied the dwelling-house immediately before his death; and

(f) which, for the purposes of section 13(2) above, is treated as a statutory periodic tenancy;

and in paragraphs (b) to (e) above “under his tenancy”, in relation to the predecessor, means under his protected tenancy or protected occupancy or in his capacity as a statutory tenant.

(7) If, immediately before the death of the predecessor, the landlord might have recovered possession of the dwelling-house under Case 19 in Schedule 15 to the Rent Act 1977, the assured periodic tenancy to which the successor becomes entitled shall be an assured shorthold tenancy (whether or not [F3 , in the case of a tenancy to which the provision applies] it fulfils the conditions in section 20(1) above).

(8) If, immediately before his death, the predecessor was a protected occupier or statutory tenant within the meaning of the Rent (Agriculture) Act 1976, the assured periodic tenancy to which the successor becomes entitled shall be an assured agricultural occupancy (whether or not it fulfils the conditions in section 24(1) above) [F4 ; and section 24A does not apply in relation to the assured tenancy to which the successor becomes entitled].

(9) Where, immediately before his death, the predecessor was a tenant under a fixed term tenancy, section 6 above shall apply in relation to the assured periodic tenancy to which the successor becomes entitled on the predecessor’s death subject to the following modifications—

(a) for any reference to a statutory periodic tenancy there shall be substituted a reference to the assured periodic tenancy to which the successor becomes so entitled;

(b) in subsection (1) of that section, paragraph (a) shall be omitted and the reference in paragraph (b) to section 5(3)(e) above shall be construed as a reference to subsection (6)(e) above; and

(c) for any reference to the coming to an end of the former tenancy there shall be substituted a reference to the date of the predecessor’s death.

(9) [F5 Where, immediately before the predecessor’s death, the predecessor was a tenant under a fixed term tenancy (the “former tenancy”), the following provisions of this subsection apply in relation to the assured tenancy to which the successor becomes entitled on the predecessor’s death (the “new tenancy”)—]

(a) [F5 not later than the first anniversary of the date of the predecessor’s death, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form (a “notice of variation”)—]

(i) [F5 proposing terms of the new tenancy, other than terms as to the amount of the rent, that are different from the terms which have effect by virtue of subsection (6)(e) (the “implied terms”), and]

(ii) [F5 if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms;]

(b) [F5 where a notice of variation has been served under paragraph (a)—]

(i) [F5 within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under paragraph (c), and]

(ii) [F5 if the notice is not so referred, then, with effect from such date, not falling within the period referred to in sub-paragraph (i), as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed;]

(c) [F5 where a notice of variation is referred to the appropriate tribunal, the appropriate tribunal must consider the terms proposed in the notice and must determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured tenancy of the dwelling-house concerned, being a tenancy—]

(i) [F5 which begins on the date of the predecessor’s death, and]

(ii) [F5 which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the new tenancy at the time of the appropriate tribunal’s consideration;]

(d) [F5 whether or not a notice of variation proposes an adjustment of the amount of the rent under the former tenancy, where the appropriate tribunal determine any terms under paragraph (c), they must, if they consider it appropriate, specify such an adjustment to take account of the terms so determined;]

(e) [F5 in making a determination underparagraph (c), or specifying an adjustment of an amount of rent under paragraph (d), there must be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant;]

(f) [F5 where a notice of variation is referred to the appropriate tribunal, then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct—]

(i) [F5 the terms determined by the appropriate tribunal become terms of the new tenancy in substitution for any of the implied terms dealing with the same subject matter, and]

(ii) [F5 the amount of the rent under the statutory periodic tenancy is altered to accord with any adjustment specified by the appropriate tribunal;]

[F5 but for the purposes of sub-paragraph (ii) the appropriate tribunal must not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice of variation;]

(g) [F5 nothing in this section requires the appropriate tribunal to continue with a determination under paragraph (c) if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.]

(10) If and so long as a dwelling-house is subject to an assured tenancy to which the successor has become entitled by succession, section 7 above and Schedule 2 to this Act shall have effect subject to the modifications in Part III of Schedule 4 to this Act; and in that Part “the predecessor” and “the successor” have the same meaning as in this section.

Amendment notes

1. F1 Words in s. 39(6)(d) inserted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 32(3)(b) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)
2. F2 Words in s. 39(6)(e) substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 32(3)(c) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)
3. F3 Words in s. 39(7) inserted (28.2.1997) by 1996 c. 52, s. 104, Sch. 8 para. 2(8); S.I. 1997/225, art. 2 (with Sch.)
4. F4 Words in s. 39(8) inserted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 32(5)(b) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)
5. F5 S. 39(9) substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 32(6) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)