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PART 5PROVISIONS APPLYING ONLY TO SECURE CONTRACTS

CHAPTER 4DEALING

Transfers

114Transfer to potential successor

(1)The contract-holder under a secure contract may transfer the contract as described in this section, but only if the landlord consents.

(2)The contract-holder may transfer the contract to—

(a)a potential successor, or

(b)if there are two or more potential successors, all of the potential successors who wish to be included in the transfer.

(3)If there is a sole contract-holder a potential successor is a person who, under section 74, would be qualified to succeed the contract-holder if the contract-holder died immediately before the transfer.

(4)If there are joint contract-holders a potential successor is a person who, under section 74, would be qualified to succeed a joint contract-holder if—

(a)the joint contract-holder died immediately before the transfer, and

(b)when the joint contract-holder died he or she was the sole contract-holder.

(5)This section is a fundamental provision which is incorporated as a term of all secure contracts.

115Transfer to a potential successor: landlord’s consent

Where a landlord refuses consent or consents subject to conditions to a transfer described in section 114, what is reasonable for the purposes of section 84 (landlord’s consent) is to be determined having regard to Schedule 6.