PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 8DEALING

Succession

I180Substitute succession on early termination

1

This section applies where—

a

a person (“S”) succeeds to an occupation contract under section 78(2) (priority successors),

b

before the end of the period of six months starting with the death of the preceding contract-holder, S gives notice under a contract-holder's notice provision that he or she intends to end the contract or agrees with the landlord that the contract should end, and

c

apart from this section, the contract would end in accordance with the contract-holder's notice provision or the agreement.

2

The contract does not end if one or more persons are qualified to succeed the preceding contract-holder.

3

If one person is qualified to succeed the preceding contract-holder, that person succeeds to the contract.

4

If more than one person is qualified to succeed the preceding contract-holder, the person identified in accordance with section 78(4) succeeds to the contract.

5

Whether there is a person qualified to succeed the preceding contract-holder is to be determined by applying section 74 in relation to the preceding contract-holder; but S is to be treated as not qualified to succeed the preceding contract-holder.

6

In this section—

  • “the preceding contract-holder” (“y deiliad contract blaenorol”) is the contract-holder as a result of whose death S succeeded to the contract, and

  • “contract-holder's notice provision” (“darpariaeth hysbysiad deiliad y contract”) means section 163 or 168 (contract-holder's notice to end secure contract or periodic standard contract) or a contract-holder's break clause (under a fixed term standard contract).