C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS
C1CHAPTER 2TERMINATION ETC. WITHOUT A POSSESSION CLAIM
(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)
I1C1155C1Death of sole contract-holder
1
If the sole contract-holder under an occupation contract dies, the contract ends—
a
one month after the death of the contract-holder, or
b
if earlier, when the landlord is given notice of the death by the authorised persons.
2
The authorised persons are—
a
the contract-holder's personal representatives, or
b
the permitted occupiers of the dwelling aged 18 and over (if any) acting together.
3
The contract does not end if under section 74 one or more persons are qualified to succeed the contract-holder.
4
The contract does not end if, at the contract-holder's death, a family property order has effect which requires the contract-holder to transfer the contract to another person.
5
If, after the contract-holder's death, the family property order ceases to have effect and there is no person qualified to succeed the contract-holder, the contract ends—
a
when the order ceases to have effect, or
b
if later, at the time the contract would end under subsection (1).
6
This section is a fundamental provision which is incorporated as a term of all occupation contracts, except fixed term standard contracts that contain the provision mentioned in section 139(1) (transfer on death of sole contract holder); section 20 provides that this section—
a
must be incorporated, and
b
must not be incorporated with modifications.
Pt. 9 excluded (1.12.2022) by 2004 c. 34, s. 33(c) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(c))