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Housing law update

Alastair Redpath-Stevens and
Jim Shepherd examine: housing law reform; homelessness; injunctions; possession proceedings; fair rents; and delegating contractual obligations

4 October 2002

On 11 September 2002 the Law Commission published Consultation Paper No 168 Renting Homes 2: Co-occupation, transfer and succession. In this, the second of two papers (for the first see (2002) 146 sj 561, 21 June), the Commission proposes a new scheme under which people who share accommodation may be classified as co-occupiers (either contractual joint occupiers or non-contractual occupiers), lodgers, or sub-occupiers. The paper explores the requirements for landlords to consent to steps taken by occupiers, before addressing the transfer by occupiers to others of their rights of occupation. Consideration is given to the position when an occupier dies and how the agreement may terminate or pass to remaining joint occupiers by survivorship, or under will or intestacy or under statutory rules allowing for succession. Also considered is the extent to which occupiers’ rights under agreements should be binding on others, particularly on those who take over the landlord’s...

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