Renting Homes: The Final Report - Law Commission

7.30 Where a person succeeds to the contract because they were the only priority
successor, and within six months from the contract-holder’s death decides to end
the contract, the other persons qualified to succeed the original contract-holder
are given an opportunity to succeed. 39 The landlord who receives a notice from
the successor that they want to end the contract, or agrees with the successor to
end the contract, is required to give notice to other occupiers of the premises and
to any potential successors whose address the landlord knows. 40 The same rules
governing who actually succeeds where there are several persons qualified to
succeed apply, save that the person who did succeed first time round (and no
longer wants to be the contract holder) is treated as if they were not qualified to
succeed. 41 In this case the “relevant date” is the date on which the contract would
otherwise have ended under the original successor’s notice or agreement with
the landlord to end the contract. 42
THE TRANSFER OF FIXED TERM STANDARD CONTRACTS
7.31 A fixed term standard contract may provide that, on the death of a sole contractholder,
the contract may be transferred to another person in the course of the
administration of the estate. 43
7.32 A fixed term standard contract may also provide that, on the death of a joint
contract-holder, the contract may be transferred to another person in the course
of the administration of the estate. 44 In this situation, therefore, although the
principle of survivorship may apply by default, it need not do so if other
arrangements have been made.
7.33 Where a joint contract-holder wants to make other arrangements, however, the
contract must also provide that, before their death, the joint contract-holder gives
notice to the other joint contract-holders that such a transfer will be made. 45 The
contract must also provide that the transferee is not entitled to occupy the
premises without the consent of the other joint contract-holders. 46
39 Cl 148.
40 Cl 150.
41 Cls 148(3) to (5).
42 Cl 149(3).
43 Cl 133(1). In such a case, the normal rules in cl 159 on what happens on the death of the
contract-holder do not apply: cl 133(3). Further, the rules on succession (see above, at
paras 7.8 to 7.30, and cl 141) do not apply: cl 133(2).
44 Cl 136(1).
45 Cl 136(2).
46 Cl 136(3).
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