Renting Homes (Wales) Act 2016

80 Substitute 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).