PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 9POSSESSION CLAIMS: POWERS OF COURT(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

206Effect of order for possession

(1)

If the court makes an order requiring the contract-holder under an occupation contract to give up possession of the dwelling on a date specified in the order, the contract ends—

(a)

if the contract-holder gives up possession of the dwelling on or before that date, on that date,

(b)

if the contract-holder gives up possession of the dwelling after that date but before the order for possession is executed, on the day on which he or she gives up possession of the dwelling, or

(c)

if the contract-holder does not give up possession of the dwelling before the order for possession is executed, when the order for possession is executed.

(2)

Subsection (3) applies if—

(a)

it is a condition of the order that the landlord must offer a new occupation contract in respect of the same dwelling to one or more joint contract-holders (but not all of them), and

(b)

that joint contract-holder (or those joint contract-holders) continue to occupy the dwelling on and after the occupation date of the new contract.

(3)

The occupation contract in relation to which the order for possession was made ends immediately before the occupation date of the new contract.

(4)

This section is a fundamental provision which is incorporated as a term of all occupation contracts.