PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 3TERMINATION OF ALL OCCUPATION CONTRACTS (POSSESSION CLAIMS BY LANDLORDS)

Breach of contract

158False statement inducing landlord to make contract to be treated as breach of contract

1

If the landlord under an occupation contract is induced to make the contract by means of a relevant false statement—

a

the contract-holder is to be treated as being in breach of the occupation contract, and

b

the landlord may accordingly make a possession claim on the ground in section 157 (breach of contract).

2

A false statement is relevant if it is made knowingly or recklessly by—

a

the contract-holder, or

b

another person acting at the contract-holder’s instigation.

3

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.