Renting Homes: The Final Report - Law Commission

7.16 The right to succeed arises on the death of a sole contract-holder under a secure
contract, a periodic standard contract, or a fixed term standard contract which
contains no provision for transmission by will or intestacy. For the right to be
exercised, there must be at least one person qualified to succeed. 11
Persons qualified to succeed
7.17 A person is qualified to succeed if they are either:
(1) a priority successor; or
(2) a reserve successor. 12
7.18 If the current contract-holder is a priority successor, then there is a further right of
succession to a reserve successor. 13 If the current contract-holder is a reserve
successor, then no other person is qualified to succeed. 14
PRIORITY SUCCESSOR
7.19 A priority successor is a spouse or partner of the contract-holder 15 who occupied
the premises subject to the occupation contract as their only or principal home at
the time of the contract-holder’s death. 16 No person can be a priority successor
where the contract-holder who died was a priority successor. 17
(1) If for example Alan was the original sole contract holder, married to
Barbara, and Barbara was living in the premises at the time of Alan’s
death, then Barbara would be the priority successor. Barbara then
becomes the contract-holder.
(2) Charles subsequently moves in with Barbara and lives with her as if they
were husband and wife. On Barbara’s death, Charles could not be a
priority successor, because Barbara had been a priority successor in
relation to the occupation contract.
RESERVE SUCCESSOR
7.20 A reserve successor is a person who is not a priority successor of the contractholder
and who is either a carer, 18 or who meets:
(1) the family member condition; and
11 Cl 141(2). See below where more than one person qualifies to succeed, at para 7.27.
12 Cl 142(1)(a).
13 This is the effect of cl 142(1)(a).
14 Cl 142(2).
15
Defined by cls 230(1)(a) and (b) as: spouse, or civil partner, or persons living together as
husband and wife, or as civil partners.
16 Cl 144(1).
17 Cl 144(2).
18 See below, at para 7.23.
120