PART 9E+WTERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 13E+WABANDONMENT(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

222Contract-holder's remediesE+W

(1)A contract-holder may, before the end of the period of six months starting with the day on which he or she is given notice under section 220(5), apply to the court on a ground in subsection (2) for a declaration or order under subsection (3).

(2)The grounds are—

(a)that the landlord failed to give notice under section 220(3) or failed to make the inquiries required by section 220(4);

(b)that the contract-holder had not abandoned the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 220(3);

(c)that when the landlord gave the notice to the contract-holder under section 220(5) the landlord did not have reasonable grounds for being satisfied that the contract-holder had abandoned the dwelling.

(3)If the court finds that one or more of the grounds is made out it may—

(a)make a declaration that the notice under section 220(5) is of no effect and the occupation contract continues to have effect in relation to the dwelling,

(b)order the landlord to provide suitable alternative accommodation to the contract-holder, or

(c)make any other order it thinks fit.

(4)If the court does either of the things mentioned in paragraph (a) or (b) of subsection (3), it may make such further order as it thinks fit.

(5)The suitability of alternative accommodation is to be determined in accordance with Schedule 11.