Renting Homes: The Final Report - Law Commission

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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). 124
THE ESTATE MANAGEMENT GROUND FOR POSSESSION 7.34 Whilst concerned to produce a modern system of succession rights, we must also take account of the need for social landlords to be able to use their housing stock efficiently and for the social purposes for which it was provided. We therefore recommend that social landlords should have available to them a ground for seeking possession based on under-occupation of the home following the death of the contract-holder (ground G in schedule 6 to the Bill). The ground is based on the current ground 16 of schedule 2 to the Housing Act 1985. It is only available where the successor is not a priority successor. 7.35 Proceedings, including the giving of notice of intention to take proceedings, cannot be commenced until six months after the death of the original contractholder. Proceedings have to be started no later than 12 months after that date. 47 Thus a relatively limited window of opportunity is created for landlords wanting to use this ground. The court must determine that it is reasonable to make the order sought. In addition, the social landlord is required to ensure that suitable alternative accommodation is provided. 48 47 Cl 186(4). 48 The ground is discussed in more detail above: paras 4.82(1) and 5.42(1). 125
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The Law Commission (LAW COM No 297)
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THE LAW COMMISSION RENTING HOMES: T
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Obtaining a contract by deception 3
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Fundamental provisions applying to
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Deception 93 Persons with “home r
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Limits 128 Access 129 Parties to pr
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THE LAW COMMISSION RENTING HOMES: T
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(4) such other aspects of Housing L
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Flexibility 1.17 Finally, and most
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1.26 At present, many landlords do
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1.37 There is also power to define
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1.47 We have heard it suggested tha
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CHANGES IN THE LEGISLATIVE CONTEXT
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1.70 The position would be substant
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(1) the creation of model contracts
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PART 2 THE SCHEME IN OUTLINE 2.1 In
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Fundamental terms 2.12 Fundamental
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2.24 While consent must not be unre
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Obtaining a contract by deception 2
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2.45 We are aware that the current
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2.57 Nevertheless, there have to be
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PART 3 OCCUPATION CONTRACTS INTRODU
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3.9 A number of points about the de
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3.12 To prevent abuse of this rule,
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(b) Where a local housing authority
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Community landlords 3.23 The starti
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(9) Contracts relating to accommoda
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(3) supplementary terms; 84 and (4)
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The detail of these fundamental pro
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Landlords’ own contracts 3.54 The
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Variation 3.58 In addition the Bill
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3.70 Where a fixed term standard co
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PART 4 TERMINATION OF OCCUPATION CO
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4.11 However, reaching this result
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4.19 Similarly, on the death of a j
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Other provisions Death of the landl
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4.38 We noted in Renting Homes that
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Page 81 and 82: 4.70 For social landlords and other
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Page 89 and 90: 4.102 At the end of the four week p
Page 91 and 92: The possession notice 5.6 The court
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Page 95 and 96: POWERS OF THE COURT Discretionary g
Page 97 and 98: Relevant circumstances 5.35 The key
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Page 107 and 108: 6.24 The policy objective is to ens
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Page 113 and 114: 6.51 The Bill also contains provisi
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Page 119 and 120: PART 7 SURVIVORSHIP, SUCCESSION AND
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Renting Homes - periodic standard c
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Renting Homes - secure contract Thi
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Renting Homes - secure contract A.
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Renting Homes - secure contract C.
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Renting Homes - secure contract D.
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Renting Homes - secure contract 50.
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Renting Homes - secure contract F.
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Renting Homes - secure contract D R
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Renting Homes: The Final Report - Law Commission

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