66Exclusion of contract-holder after abandoning contractsE+W
(1)This section applies if—
(a)a contract-holder (“C”) under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and
(b)the sub-holder (“S”) believes that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract.
(2)S may act to end the head contract in accordance with this section.
(3)S must give C a notice—
(a)stating that S believes that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract,
(b)requiring C to inform S in writing before the end of the warning period if he or she does consider himself or herself to be a party to one or both of those contracts, and
(c)informing C that after the warning period the head contract may be ended and his or her rights and obligations under the sub-occupation contract may be transferred to C's landlord.
(4)S must give a copy of the notice to C's landlord.
(5)During the warning period, S must make such inquiries as are necessary to satisfy himself or herself that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract.
(6)At the end of the warning period S may, if satisfied as described in subsection (5), apply to the court for an order—
(a)ending the head contract, and
(b)that C's rights and obligations as landlord under the sub-occupation contract are to be transferred to C's landlord in accordance with sections 62 and 63.
(7)The court may not hear S's application under subsection (6) if S has failed to comply with the requirement in subsection (4); but the court may dispense with that requirement if it considers it reasonable to do so.
(8)C's landlord is entitled to be a party to proceedings on an application made by S under subsection (6).
(9)If the court is satisfied that C does not consider himself or herself to be a party to the head contract and the sub-occupation contract, it may make the order applied for under subsection (6); and if it does so it must specify the date on which the head contract ends.
(10)But the court may not make an order under subsection (9) if—
(a)C's landlord is a party to the proceedings,
(b)C's landlord asserts that the court would have made an order for possession against S, had an application for such an order been made by C in a possession claim made by C against S, and
(c)the court is satisfied that it would have made an order for possession against S in those circumstances.
(11)The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to C.
Commencement Information
I1S. 66 in force at 1.12.2022 by S.I. 2022/906, art. 2