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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.