PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 8DEALING

Succession

79Effect of succession

1

A person who succeeds to an occupation contract under section 73(2) or sections 73(3) and 78(2) becomes the contract-holder on the relevant date.

2

A person who succeeds (or persons who succeed) to an occupation contract under sections 73(3) and 78(3) or (4) becomes a contract-holder (or become contract-holders) on the later of—

a

the relevant date, and

b

the day agreement is reached or the landlord makes a selection.

3

A person who succeeds (or persons who succeed) to an occupation contract after an appeal under section 78(5) or (6) against the landlord’s selection becomes a contract-holder (or become contract-holders) on the later of—

a

the relevant date, and

b

the day on which the appeal is finally determined.

4

The relevant date is the day on which the contract would have ended under section 155 if no one had been qualified to succeed to the contract.

5

During the period beginning with the relevant date and ending with a person (or persons) becoming the contract-holder under subsection (2) or (3), the relevant successors⁠—

a

are not to be treated as trespassers in relation to the dwelling, and

b

for the purposes of any liability under the contract are to be treated as if they were joint contract-holders under the contract.

6

“The relevant successors” are the persons who—

a

are qualified to succeed the contract-holder who died, and

b

are living in the dwelling.