74Persons qualified to succeedE+W
(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.
Commencement Information
I1S. 74 in force at 1.12.2022 by S.I. 2022/906, art. 2