Part VII Default and Termination

Termination of agreements

101 Right to terminate hire agreement.

1

The hirer under a regulated consumer hire agreement is entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement.

2

Termination of an agreement under subsection (1) does not affect any liability under the agreement which has accrued before the termination.

3

A notice under subsection (1) shall not expire earlier than eighteen months after the making of the agreement, but apart from that the minimum period of notice to be given under subsection (1), unless the agreement provides for a shorter period, is as follows.

4

If the agreement provides for the making of payments by the hirer to the owner at equal intervals, the minimum period of notice is the length of one interval or three months, whichever is less.

5

If the agreement provides for the making of such payments at differing intervals, the minimum period of notice is the length of the shortest interval or three months, whichever is less.

6

In any other case, the minimum period of notice is three months.

7

This section does not apply to—

a

any agreement which provides for the making by the hirer of payments which in total (and without breach of the agreement) exceed F1£1,500 in any year, or

b

any agreement where—

i

goods are bailed or (in Scotland) hired to the hirer for the purposes of a business carried on by him, or the hirer holds himself out as requiring the goods for those purposes, and

ii

the goods are selected by the hirer, and acquired by the owner for the purposes of the agreement at the request of the hirer from any person other than the owner’s associate, or

c

any agreement where the hirer requires, or holds himself out as requiring, the goods for the purpose of bailing or hiring them to other persons in the course of a business carried on by him.

8

If, on an application made to the F5FCA by a person carrying on a consumer hire business, it appears to the F5FCA that it would be in the interest of hirers to do so, F2it may F6... direct that F3, subject to such conditions (if any) as it may specify, this section shall not apply to consumer hire agreements made by the applicant; and this Act shall have effect accordingly .

F48A

If it appears to the F7FCA that it would be in the interests of hirers to do so, it may F8... direct that, subject to such conditions (if any) as it may specify, this section shall not apply to a consumer hire agreement if the agreement falls within a specified description; and this Act shall have effect accordingly.

9

In the case of a modifying agreement, subsection (3) shall apply with the substitution, for “the making of the agreement ” of “the making of the original agreement ”.