PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS
CHAPTER 7TERMINATION OF FIXED TERM STANDARD CONTRACTS
Landlord’s break clause
196Restrictions on use of landlord’s break clause: first four months of occupation
1
The landlord may not give notice under a landlord’s break clause before the end of the period of four months starting with the occupation date of the contract.
2
If the contract is a substitute occupation contract, the landlord may not give notice under a landlord’s break clause before the end of the period of four months starting with the occupation date of the original contract.
3
For the purposes of subsection (2)—
a
an occupation contract is a substitute occupation contract if—
i
the occupation date of the contract falls immediately after the end of a preceding occupation contract,
ii
immediately before the occupation date of the contract a contract-holder under the contract was a contract-holder under the preceding contract and a landlord under the contract was a landlord under the preceding contract, and
iii
the contract relates to the same (or substantially the same) dwelling as the preceding contract, and
b
“original contract” means—
i
where the substitute occupation contract has an occupation date falling immediately after the end of a contract which is not a substitute occupation contract, the occupation contract which precedes the substitute occupation contract;
ii
where there have been successive substitute occupation contracts, the occupation contract which preceded the first of the substitute occupation contracts.
4
This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—
a
do not have a landlord’s break clause, or
b
are within Schedule 9 (whether or not they have a landlord’s break clause),
and section 20 provides that this section must be incorporated, and must not be incorporated with modifications.