Commentary on Sections
Part 3 - Provisions Applying to All Occupation Contracts
Chapter 8 - Dealing
Section 78 – More than one qualified successor
234.This section explains what happens where more than one person is qualified to succeed:
If there is one priority successor amongst those qualified to succeed, that person will succeed.
If there is more than one priority successor amongst those qualified to succeed, the priority successors may decide between themselves who the contract-holder will be. If they cannot decide, or they fail to notify the landlord within a reasonable time, the landlord selects the successor.
If all the persons qualified to succeed are reserve successors, they may decide between themselves who the contract-holder will be. If they cannot decide, or they fail to notify the landlord within a reasonable time, the landlord selects the successor.
235.Any decision made by the landlord with regard to the succession can be appealed to the court by any other person qualified to succeed within 4 weeks of the day they were notified of the landlord’s decision.
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