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PART 7E+WPROVISIONS APPLYING ONLY TO FIXED TERM STANDARD CONTRACTS

CHAPTER 5E+WDEALING: TRANSFERS

Sole contract-holderE+W

139Transfer on death of sole contract-holderE+W

(1)A fixed term standard contract may provide that on the death of a sole contract-holder, the contract may be transferred in the course of the administration of the contract-holder's estate.

(2)Section 73 (right to succeed) does not apply to a fixed term standard contract that contains such provision.

(3)Section 155 (termination of contract on death) is not incorporated as a term of a fixed term standard contract that contains such provision.

Commencement Information

I1S. 139 in force at 1.12.2022 by S.I. 2022/906, art. 2

Joint contract-holdersE+W

140Forced transfersE+W

(1)A fixed term standard contract may provide that if there are joint contract-holders, one or more of them may require the other joint contract-holder or joint contract-holders to join in a transfer of the contract in accordance with the contract.

(2)If the contract contains such provision, the joint contract-holder or joint contract-holders wishing to transfer the occupation contract may apply to the court for an order that the other joint contract-holder or joint contract-holders join in the transfer.

(3)The court may make the order applied for if it thinks fit.

Commencement Information

I2S. 140 in force at 1.12.2022 by S.I. 2022/906, art. 2

141Joint contract-holder's interestE+W

(1)This section applies if a fixed term standard contract provides that a joint contract-holder may transfer his or her rights and obligations under the contract.

(2)The contract must also provide that a transfer may not be made unless the transferor gives notice to the other joint contract-holders that a transfer will be made.

(3)The contract must also provide that the transferee is not entitled to occupy the dwelling without the consent of the other joint contract-holders.

Commencement Information

I3S. 141 in force at 1.12.2022 by S.I. 2022/906, art. 2

142Transfer on death of joint contract-holderE+W

(1)This section applies if a fixed term standard contract provides that on the death of a joint contract-holder his or her rights and obligations under the contract may be transferred in the course of the administration of his or her estate.

(2)The contract must also provide that a transfer may not be made unless the joint contract-holder gives notice to the other joint contract-holders before his or her death that such a transfer will be made.

(3)The contract must also provide that the transferee is not entitled to occupy the dwelling without the consent of the other joint contract-holders.

Commencement Information

I4S. 142 in force at 1.12.2022 by S.I. 2022/906, art. 2