Common use of Right of Succession Clause in Contracts

Right of Succession. 4.5.1 Unless you are a successor yourself and provided they were living with you at the time of your death, if you die your tenancy will automatically pass to your spouse or civil partner. If your tenancy began on or after 1 April 2012, that right will be granted also to someone living with you as spouse or civil partner. This is called “succession”. A successor is someone: ▪ who obtained this tenancy or a previous tenancy from us as a result of the death of a previous tenant ▪ who was a joint tenant but following the death of the other joint tenant is now a sole tenant ▪ who has obtained this tenancy otherwise than by way of a tenancy exchange (unless they were a successor in respect of another tenancy) or an order made in family or civil partnership proceedings. 4.5.2 If you do not have a spouse or civil partner and your tenancy began before 1 April 2012, then provided that you are not a successor as defined above the tenancy will pass to another member of your family as defined by section 113 of the Housing Act 1985 who has been living with you for a continuous period of at least twelve months before your death. 4.5.3 If your tenancy began on or after 1 April 2012, there is no statutory right to succeed in the circumstances set out in 4.5.2 above but we will grant a succession if all conditions set out in 4.5.2 are fulfilled. If you are living with someone as if they were your spouse or civil partner then you have the right to succeed as set out in 4.5.1 above. 4.5.4 If a joint tenant dies the tenancy will pass to the other joint tenant; and that will count as the one allowed succession. 4.5.5 If there is more than one person entitled to succeed and they cannot agree who 4.5.6 If someone succeeds under 4.5.2 or 4.5.3 above to a property that is larger than their reasonable housing needs require or it is designated as sheltered accommodation and the successor is under the minimum age to qualify to live there, we will expect them to move to more suitable and where appropriate smaller accommodation that will be offered to them. If they refuse to accept the alternative accommodation offered, we have the right to apply to court for an order for possession. 4.5.7 We cannot compel a successor who was your spouse or civil partner or, in cases where the tenancy began on or after 1 April 2012, a person living with you as your spouse or civil partner to move to accommodation more suited to their needs; but we may offer them such a move. If they request a move, we will try to help them with their request. 4.5.8 While this tenancy remains an introductory tenancy, a successor will succeed to an introductory tenancy.

Right of Succession. 4.5.1 Unless you are a successor yourself and provided they were living with you at the time of your death, if you die your tenancy will automatically pass to your spouse or civil partner. If your tenancy began on or after 1 April 2012, that right will be granted also to someone living with you as spouse or civil partner. This is called “succession”. A successor is someone: ▪ who obtained this tenancy or a previous tenancy from us as a result of the death of a previous tenant ▪ who was a joint tenant but following the death of the other joint tenant is now a sole tenant ▪ who has obtained this tenancy otherwise than by way of a tenancy exchange (unless they were a successor in respect of another tenancy) or an order made in family or civil partnership proceedings.: 4.5.2 If you do not have a spouse or civil partner and your tenancy began before 1 April 2012, then provided that you are not a successor as defined above the tenancy will pass to another member of your family as defined by section 113 of the Housing Act 1985 Xxx 0000 who has been living with you for a continuous period of at least twelve months before your death. 4.5.3 If your tenancy began on or after 1 April 2012, there is no statutory right to succeed in the circumstances set out in 4.5.2 above but we will grant a succession if all conditions set out in 4.5.2 are fulfilled. If you are living with someone as if they were your spouse or civil partner then you have the right to succeed as set out in 4.5.1 above. 4.5.4 If a joint tenant dies the tenancy will pass to the other joint tenant; and that will count as the one allowed succession. 4.5.5 If there is more than one person entitled to succeed and they cannot agree whowho is to do so, we will decide which person will have the tenancy. 4.5.6 If someone succeeds under 4.5.2 or 4.5.3 above to a property that is larger than their reasonable housing needs require or it is designated as sheltered accommodation and the successor is under the minimum age to qualify to live there, we will expect them to move to more suitable and where appropriate smaller accommodation that will be offered to them. If they refuse to accept the alternative accommodation offered, we have the right to apply to court for an order for possession. 4.5.7 We cannot compel a successor who was your spouse or civil partner or, in cases where the tenancy began on or after 1 April 2012, a person living with you as your spouse or civil partner to move to accommodation more suited to their needs; but we may offer them such a move. If they request a move, we will try to help them with their request. 4.5.8 While this tenancy remains an introductory tenancy, a successor will succeed to an introductory tenancy.

Right of Succession. 4.5.1 Unless you are a successor yourself and provided they were living with you at the time of your death, if you die your tenancy will automatically pass to your spouse or civil partner. If your tenancy began on or after 1 April 2012, that right will be granted also to someone living with you as spouse or civil partner. This is called “succession”. A successor is someone: ▪ who obtained this tenancy or a previous tenancy from us as a result of the death of a previous tenant ▪ who was a joint tenant but following the death of the other joint tenant is now a sole tenant ▪ who has obtained this tenancy otherwise than by way of a tenancy exchange (unless they were a successor in respect of another tenancy) or an order made in family or civil partnership proceedings. 4.5.2 If you do not have a spouse or civil partner and your tenancy began before 1 April 2012, then provided that you are not a successor as defined above the tenancy will pass to another member of your family as defined by section 113 of the Housing Act 1985 who has been living with you for a continuous period of at least twelve months before your death. 4.5.3 If your tenancy began on or after 1 April 2012, there is no statutory right to succeed in the circumstances set out in 4.5.2 above but we will grant a succession if all conditions set out in 4.5.2 are fulfilled. If you are living with someone as if they were your spouse or civil partner then you have the right to succeed as set out in 4.5.1 above. 4.5.4 If a joint tenant dies the tenancy will pass to the other joint tenant; and that will count as the one allowed succession. 4.5.5 If there is more than one person entitled to succeed and they cannot agree whowho is to do so, we will decide which person will have the tenancy. 4.5.6 If someone succeeds under 4.5.2 or 4.5.3 above to a property that is larger than their reasonable housing needs require or it is designated as sheltered accommodation and the successor is under the minimum age to qualify to live there, we will expect them to move to more suitable and where appropriate smaller accommodation that will be offered to them. If they refuse to accept the alternative accommodation offered, we have the right to apply to court for an order for possession. 4.5.7 We cannot compel a successor who was your spouse or civil partner or, in cases where the tenancy began on or after 1 April 2012, a person living with you as your spouse or civil partner to move to accommodation more suited to their needs; but we may offer them such a move. If they request a move, we will try to help them with their request. 4.5.8 While this tenancy remains an introductory tenancy, a successor will succeed to an introductory tenancy.

Right of Succession. 4.5.1 Unless you are a successor yourself and provided they were living with you at the time of your death, if you die your tenancy will automatically pass to your spouse or civil partner. If your tenancy began on or after 1 April 2012, that right will be granted also to someone living with you as spouse or civil partner. This is called “succession”. A successor is someone: ▪ who obtained this tenancy or a previous tenancy from us as a result of the death of a previous tenant ▪ who was a joint tenant but following the death of the other joint tenant is now a sole tenant ▪ who has obtained this tenancy otherwise than by way of a tenancy exchange (unless they were a successor in respect of another tenancy) or an order made in family or civil partnership proceedings. 4.5.2 If you do not have a spouse or civil partner and your tenancy began before 1 April 2012, then provided that you are not a successor as defined above the tenancy will pass to another member of your family as defined by section 113 of the Housing Act 1985 Xxx 0000 who has been living with you for a continuous period of at least twelve months before your death. 4.5.3 If your tenancy began on or after 1 April 2012, there is no statutory right to succeed in the circumstances set out in 4.5.2 above but we will grant a succession if all conditions set out in 4.5.2 are fulfilled. If you are living with someone as if they were your spouse or civil partner then you have the right to succeed as set out in 4.5.1 above. 4.5.4 If a joint tenant dies the tenancy will pass to the other joint tenant; and that will count as the one allowed succession. 4.5.5 If there is more than one person entitled to succeed and they cannot agree whowho is to do so, we will decide which person will have the tenancy. 4.5.6 If someone succeeds under 4.5.2 or 4.5.3 above to a property that is larger than their reasonable housing needs require or it is designated as sheltered accommodation and the successor is under the minimum age to qualify to live there, we will expect them to move to more suitable and where appropriate smaller accommodation that will be offered to them. If they refuse to accept the alternative accommodation offered, we have the right to apply to court for an order for possession. 4.5.7 We cannot compel a successor who was your spouse or civil partner or, in cases where the tenancy began on or after 1 April 2012, a person living with you as your spouse or civil partner to move to accommodation more suited to their needs; but we may offer them such a move. If they request a move, we will try to help them with their request. 4.5.8 While this tenancy remains an introductory tenancy, a successor will succeed to an introductory tenancy.