PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 5JOINT CONTRACT-HOLDERS AND JOINT LANDLORDS

Joint contract-holders: survivorship

52Joint contract-holder ceasing to be a party to the occupation contract

(1)

If a joint contract-holder under an occupation contract dies, or ceases to be a party to the contract for some other reason, from the time he or she ceases to be a party the remaining joint contract-holders are—

(a)

fully entitled to all the rights under the contract, and

(b)

liable to perform fully every obligation owed to the landlord under the contract.

(2)

The joint contract-holder is not entitled to any right or liable to any obligation in respect of the period after he or she ceases to be a party to the contract.

(3)

Nothing in subsection (1) or (2) removes any right or waives any liability of the joint contract-holder accruing before he or she ceases to be a party to the contract.

(4)

This section does not apply where a joint contract-holder ceases to be a party to the contract because his or her rights and obligations under the contract are transferred in accordance with the contract.

(5)

This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

(a)

must be incorporated, and

(b)

must not be incorporated with modifications.