Transfer joint tenancy on possession claim: HA 1988 s. 10A
When a landlord claims possession under Ground 7B and no other ground applies, the court may transfer the joint tenancy to the qualifying tenant(s).
10A 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— Ground 7B in Schedule 2 is established, 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, the tenancy is a joint tenancy, and one or more of the tenants is a qualifying tenant. 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. 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— if there is one qualifying tenant, by the qualifying tenant as sole tenant, or if there is more than one qualifying tenant, by all of them as joint tenants. The effect of an order under this section is that, from the time the order takes effect, the qualifying tenant or tenants— are entitled to performance of the landlord's covenants under the tenancy, and are liable to perform the tenant's covenants under the tenancy. 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— ceases to be entitled to performance of the landlord's covenants under the tenancy, or ceases to be liable to perform the tenant's covenants under the tenancy. Subsection (5) does not remove any right or liability of the person which accrued before the order took effect. An order under this section does not operate to create a new tenancy as between the landlord and the qualifying tenant or tenants. 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.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when a landlord applies for possession of an assured joint tenancy based on Ground 7B (immigration status). If the court finds that Ground 7B is established, and either no other possession ground applies or other grounds in Part 2 of Schedule 2 apply but it would not be reasonable to grant possession, and at least one tenant is a qualifying tenant (not disqualified by immigration status), then the court may order the tenancy to be transferred to the qualifying tenant(s) instead of evicting everyone.
The transfer means the qualifying tenant(s) become the sole or joint tenants, with all rights and obligations under the tenancy, while the non-qualifying tenant(s) lose their rights and liabilities from the order's effective date. Rights or liabilities that accrued before that date are unaffected.
This order does not create a new tenancy; the existing tenancy continues, including its fixed term if any.
When it applies
- A joint assured tenancy where one tenant has no right to rent due to immigration status, and the landlord seeks possession on Ground 7B; the court may transfer the tenancy to the other tenant who is lawfully resident.
- Two joint tenants, one becomes an overstayer; the landlord applies for possession; the court can order transfer to the compliant tenant.
- A family assured tenancy held jointly by a couple; one spouse's immigration status disqualifies them; the other spouse is qualifying; court may transfer to the qualifying spouse.
- Three joint tenants, two are qualifying; court may transfer to both as joint tenants, removing the non-qualifying one.
- Landlord seeks possession on Ground 7B and also a rent arrears ground (Part 2), but court finds arrears ground established but not reasonable to order possession; court may still transfer under this section instead.
What this section does not say
- This section does not apply to a sole tenancy (only joint tenancies).
- It does not apply if the possession claim is based solely on other grounds without Ground 7B being established.
- If the tenant with immigration issues is the only tenant, there is no qualifying tenant to transfer to.
- The court may still decide to grant possession outright; this section only gives an alternative.
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This page reproduces the text of HA 1988 s. 10A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.