Renting Homes (Wales) Act 2016

CHAPTER 5 DEALING: TRANSFERS

Sole contract-holder

139 Transfer on death of sole contract-holder

(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.

Joint contract-holders

140 Forced transfers

(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.

141 Joint contract-holder’s interest

(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.

142 Transfer on death of joint contract-holder

(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.