Renting Homes: The Final Report - Law Commission

7.10 Following a development in Scotland, we also want to recognise demands placed
upon relatives or others who look after elderly, ill or disabled people. It is often
easier to provide the level of care required if the carer moves into the home of the
vulnerable person. Many carers find it impossible to maintain their own home if
they do this. Our recommendations recognise the reality of the sacrifices that
carers make by protecting the position of unpaid carers who give up their own
home to care for another in that other person’s home.
7.11 At present, the succession rights for secure tenants in the Housing Act 1985
preclude succession to a spouse being followed by a succession of another
member of the family, even if that person has lived with the tenant for all of their
life. We think this is too restricted.
7.12 Some community landlords are concerned that the effect of these
recommendations will unnecessarily restrict their ability to rent to those most in
housing need. We think these fears are unlikely to be realised in practice. In
Scotland, where similar rules have existed since 2001, experience is that
relatively few social tenancies pass under the succession rules. Further, we
recommend the estate management ground for possession (see below). In
addition, it is known that under the present more restrictive rules, where
succession is a genuine issue, it can generate significant levels of complaint to
Members of Parliament. Our recommendations strike a better balance between
the legitimate concerns of community landlords and the needs of individual
occupiers.
The passing of the contract on death
7.13 Our scheme recognises the possibility of passing a contract on to one’s children,
though ensuring that this is done within sensible constraints of estate
management. We believe that it should be possible to protect the normal
expectations of a family within rented housing, that the partner and then a child of
the family, if they have not set up home elsewhere, should be able to succeed to
the occupation contract.
7.14 To achieve this outcome, the scheme provides a limited number of ways in which
an occupation contract can be passed to another person following the death of a
contract-holder. Subject to two exceptions, we recommend that our scheme of
statutory succession should be the only way that someone can succeed to an
occupation contract.
7.15 The two exceptions are:
(1) where there is a surviving joint contract-holder, when the right to occupy
passes by operation of the principle of survivorship; 9 or
(2) where there is a fixed term agreement, which, if the contract specifically
provides for it, can be transmitted by will or intestacy. 10
9 Discussed above, at paras 7.4 to 7.7.
10 See cls 133 and 136 discussed below, at paras 7.31 to 7.33.
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