Section 74 Persons qualified to succeedI1

(1)

A person is qualified to succeed the contract-holder if that person—

(a)

is a priority successor of the contract-holder or a reserve successor of the contract-holder, and

(b)

is not excluded by subsection (3) or (4).

(2)

But if the contract-holder was a reserve successor in relation to the occupation contract, no person is qualified to succeed him or her.

(3)

A person is excluded if he or she has not reached the age of 18 at the time of the contract-holder's death.

(4)

A person is excluded if at any time in the period of 12 months ending with the contract-holder's death he or she occupied the dwelling or part of it under a sub-occupation contract.

(5)

A person is not excluded by subsection (4) if—

(a)

he or she is a priority successor of the contract-holder, or he or she is a reserve successor of the contract-holder who meets the family member condition in section 76(2) because of section 250(1)(a) or (b) (spouses, civil partners etc.), and

(b)

the sub-occupation contract under which he or she occupied the dwelling or part of it ended before the contract-holder's death.

Annotations

Commencement

I1: S. 74 in force at 1.12.2022 by S.I. 2022/906, art. 2