PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 2TERMINATION ETC. WITHOUT A POSSESSION CLAIM(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

155Death 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.