C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

Annotations:
Modifications etc. (not altering text)

C1CHAPTER 14JOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION

(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

Exclusion of joint contract-holders

I1C1227C1Non-occupation: exclusion by joint contract-holder

1

If a joint contract-holder (“C”) believes that another joint contract-holder (“J”) who is required under an occupation contract to occupy the dwelling—

a

does not occupy the dwelling, and

b

does not intend to occupy it,

J's rights and obligations under the contract may be ended in accordance with this section.

2

A joint contract-holder is required to occupy the dwelling if it is a term of the contract (however expressed) that he or she must occupy the dwelling as his or her only or principal home.

3

C must give J notice—

a

stating that C believes that J does not occupy, and does not intend to occupy, the dwelling,

b

requiring J to inform C in writing before the end of the warning period if J occupies or intends to occupy the dwelling, and

c

informing J that if at the end of the warning period C is satisfied that J does not occupy, and does not intend to occupy, the dwelling, J's rights and obligations under the contract may be ended.

4

C must give a copy of a notice under subsection (3)—

a

to the landlord, and

b

if there are joint contract-holders other than C and J, to each of those other joint contract-holders.

5

During the warning period C must make such inquiries as are necessary to satisfy himself or herself that J does not occupy the dwelling and does not intend to occupy it.

6

At the end of the warning period C may, if satisfied as described in subsection (5), apply to the court for an order ending J's rights and obligations under the occupation contract.

7

If the court is satisfied that J does not occupy, and does not intend to occupy, the dwelling, it may make the order applied for under subsection (6).

8

But it may not make the order if the fact that J does not occupy, and does not intend to occupy, the dwelling is attributable to C or another joint contract-holder failing to comply with section 55 (anti-social behaviour and other prohibited conduct).

9

If the court makes the order, J ceases to be a party to the contract on the date specified in the order.

10

The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to J.