PART 3

PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS
CHAPTER 8

DEALING

Succession

More than one qualified successor
78
1
This section applies where there is more than one person who is qualified to succeed the contract-holder.
2
If one of the persons is a priority successor, the priority successor succeeds to the contract.
3
If two or more of the persons are priority successors, the person who succeeds to the contract is (or the persons who succeed to the contract are)—
a
the priority successor (or successors) selected by agreement between the priority successors, or
b
if they fail to agree (or fail to notify the landlord of an agreement) within a reasonable time, whichever of them the landlord selects.
4
If all the persons are reserve successors, the person who succeeds to the contract is (or the persons who succeed to the contract are)—
a
the person (or persons) selected by agreement between the reserve successors, or
b
if they fail to agree (or fail to notify the landlord of an agreement) within a reasonable time, whichever of them the landlord selects.
5
Where the landlord makes a selection under subsection (3)(b), a priority successor who is not selected may appeal to the court against the landlord's selection.
6
Where the landlord makes a selection under subsection (4)(b), a reserve successor who is not selected may appeal to the court against the landlord's selection.
7
An appeal under subsection (5) or (6) must be brought before the end of the period of four weeks starting with the day on which the landlord notifies the person that he or she has not been selected.
8
The court must determine the appeal on the merits (and not by way of review).
S. 78 in force at 1.12.2022 by S.I. 2022/906, art. 2