Renting Homes: The Final Report - Law Commission

(2) the basic residence condition (unless they are a spouse, civil partner, or
lived with the contract-holder as if they were husband and wife or civil
partners). 19
In addition, a reserve successor must occupy the premises at the time of the
contract-holder’s death as their only or principal home.
7.21 The family member condition is that the person must be a member of the
contract-holder’s family. 20 If the contract-holder was a priority successor, a
person also meets the family member condition if they are a member of the family
of the person the current contract-holder succeeded. 21
7.22 The basic residence condition is that, throughout the period of 12 months ending
with the contract-holder’s death, the person lived with the contract-holder or
occupied the premises subject to the occupation contract. 22 If the contract-holder
was a priority successor, the period of residence includes living with the person
the current contract-holder succeeded. 23
(1) In the example given in paragraph 7.19 above, Charles would be a
reserve successor on Barbara’s death. Charles would become the new
contract-holder, even if he had not lived with Barbara or at the premises
for as long as 12 months when Barbara died, as long as he was living
there on Barbara’s death. On Charles’s death, there could be no more
successions in respect of the contract.
(2) Debbie is the original contract-holder, living with her civil partner Emma,
and Emma’s daughter Fiona. On Debbie’s death, Emma would be a
priority successor, and become the contract-holder. When Emma dies,
Fiona had been living with Debbie and Emma throughout the period of 12
months ending with Emma’s death. Thus, Fiona would be a reserve
successor, and become the contract-holder. There could be no more
successions in respect of the contract on Fiona’s death.
Carers
7.23 A carer can also be a reserve successor. 24 To be a reserve successor, the carer
must:
(1) meet the carer condition;
(2) meet the carer residence condition;
19 Cl 145(1).
20 Defined by cl 230.
21 Cl 145(4).
22 Cl 145(3).
23 Cl 145(4).
24 A carer is a person who provides or intends to provide a substantial amount of care for
another on a regular basis, but does not provide the care, nor will provide the care
because of a contract of employment or any other contract: cl 146(5). The mere fact that
the carer is provided with board and lodging does not mean the person provides care
because of a contract: cl 146(6).
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