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Change 1
As published
36 Terms in superior leases relating to children or benefits status
(1) A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to—
(a) prohibit a sub-tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or
(b) restrict the circumstances in which a sub-tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.
(2) Subsection (1) does not apply if—
(a) the provision is a proportionate means of achieving a legitimate aim, or
(b) the landlord under the lease or a superior landlord is insured under a contract of insurance—
(i) to which section 38 does not apply, and
(ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which a sub-tenant may have a child live with or visit them at the dwelling,
and the provision in the lease is a means of preventing the insured from breaching that term.
(3) A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.
(4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—
(a) to which section 38 does not apply, and
(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from being a benefits claimant,
and the provision in the lease is a means of preventing the insured from breaching that term.
(5) For the purposes of this section, the terms of a lease include—
(a) the terms of any agreement relating to the lease, and
(b) any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.
Your change, as a redline
36 Terms in superior leases relating to children or benefits status
(1) A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to—
(a) prohibit a sub-tenant under a relevant tenancy or regulated tenancy from having a child live with or visit them at the dwelling, or
(b) restrict the circumstances in which a sub-tenant under a relevant tenancy or regulated tenancy may have a child live with or visit them at the dwelling.
(2) Subsection (1) does not apply if—
(a) the provision is a proportionate means of achieving a legitimate aim, or
(b) the landlord under the lease or a superior landlord is insured under a contract of insurance—
(i) to which section 38 does not apply, and
(ii) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from having a child live with or visit them at the dwelling or to restrict the circumstances in which a sub-tenant may have a child live with or visit them at the dwelling,
and the provision in the lease is a means of preventing the insured from breaching that term.
(3) A term of a lease of premises that consist of or include a dwelling is of no effect so far as the term makes provision (however expressed) requiring a tenant under that or any inferior lease to prohibit a sub-tenant under a relevant tenancy or regulated tenancy from being a benefits claimant.
(4) Subsection (3) does not apply if the landlord under the lease or a superior landlord is insured under a contract of insurance—
(a) to which section 38 does not apply, and
(b) which contains a term which makes provision (however expressed) requiring the insured to prohibit a sub-tenant from being a benefits claimant,
and the provision in the lease is a means of preventing the insured from breaching that term.
(5) For the purposes of this section, the terms of a lease include—
(a) the terms of any agreement relating to the lease, and
(b) any document or communication from the landlord that gives or refuses consent for sub-letting under the lease to a category or description of person.
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