Renting Homes: The Final Report - Law Commission

(3) occupy the premises as their only or principal home at the time the
contract-holder died; and
(4) not be a priority successor of the contract-holder. 25
7.24 The carer condition is that the person must have been caring for the contractholder,
or a member of the contract-holder’s family who was living with the
contract-holder when the care was provided, at any time in the period of 12
months ending with the death of the contract-holder. 26
7.25 The carer residence condition is the same as the basic residence condition, 27
with the added element that the carer must have no other premises they are
entitled to occupy as a home.
George is an elderly and frail sole contract-holder of a housing
association flat. Henry, his neighbour, moves in with George to care for
him. On doing so, Henry has to give up the flat he had been renting from
the housing association (as the occupation contract contained a term
requiring Henry to occupy it as his only or principal home). On George’s
death, 15 months later, Henry is a reserve successor to the contract of
George’s flat. There could be no more successions to the contract on
Henry’s death.
EXCLUSIONS
7.26 Two classes of person cannot be a successor:
(1) a person who has not reached the age of 16 on the date the contractholder
died; 28 and
(2) a person who has occupied under a sub-occupation contract in the
twelve months before the contract-holder’s death. 29
A person who has occupied under a sub-occupation contract can be a successor
if they are a priority or reserve successor who is the contract-holder’s spouse or
civil partner (or lives with the contract-holder as if they were husband and wife or
civil partners), and the sub-occupation contract ended before the contractholder’s
death. 30
More than one qualified successor
7.27 It may well happen that more than one person comes within the definition of
priority or reserve successor. 31 In this case the following rules apply.
25 Cl 146(1).
26 Cl 146(2).
27 Cl 146(4). The basic residence condition is discussed above, at para 7.22.
28 Cl 142(3).
29 Cl 142(4).
30 Cl 142(5).
31 Cl 143(1).
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