Renting Homes: The Final Report - Law Commission

4.16 We recommend that where a sole contract-holder dies, the contract ends either
one month after the death of the contract-holder; or earlier if the landlord is given
notice of the death. 14 Notice of the death can be given to the landlord either by
the personal representatives of the deceased contract-holder, or by the permitted
occupiers of the premises aged 16 and over, acting together. 15 The requirement
for the occupiers to act together is to prevent one unfairly stealing a march on the
others.
4.17 There are two exceptions to these general rules.
(1) If, at the time of the death of the contract-holder, one or more persons
are qualified to succeed the contract-holder, the contract does not come
to an end. 16
(2) If, at the date of the contract-holder’s death, a family property order 17 has
been made by a court which requires the contract-holder to transfer the
contract to another, and the order has effect, the contract does not come
to an end. 18 If, after the contract-holder’s death, the order ceases to have
effect, and there is no person qualified to succeed the contract-holder,
the contract ends when the order ceases to have effect, or, if later, at the
time set out in paragraph 4.16 above. 19
FIXED TERM STANDARD CONTRACTS
4.18 In the case of fixed term standard contracts (only), on the death of a sole
contract-holder, there may still be an asset – the remainder of the term of the
contract – which the contract-holder may wish to leave to another by will. In this
case, the Bill provides a means whereby the balance of a fixed term standard
contract may be transferred to another person in the course of administration of
the deceased person’s estate, if the contract contained a term providing for this to
happen. Where this happens, the rules set out above (paragraphs 4.15 to 4.17)
do not apply. 20
14 Cl 159(1).
15 Cl 159(2). The position where there is a surviving joint contract-holder, or where the rules
relating to succession to the contract apply are discussed below in Part 7.
16 Cl 159(3). The right of succession is discussed below in Part 7.
17 Defined in cl 237.
18 Cl 159(4).
19 Cl 159(5).
20 Cl 133.
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