PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS
CHAPTER 5JOINT CONTRACT-HOLDERS AND JOINT LANDLORDS
Joint contract-holders
I148Joint contract-holders: joint liability etc.
1
If there are two or more joint contract-holders under an occupation contract, each joint contract-holder is fully liable to the landlord for the performance of every obligation owed to the landlord under the contract.
2
References in this Act to the contract-holder, except where otherwise provided, are to the joint contract-holders.
3
Subsection (2) applies even if the occupation contract is a tenancy and the leasehold estate is vested in one or more, but not all, of the joint contract-holders.
I249Adding a joint contract-holder
1
The contract-holder under an occupation contract and another person may, with the consent of the landlord, make that person a joint contract-holder under the contract.
2
If a person is made a joint contract-holder under this section he or she becomes entitled to all the rights and subject to all the obligations of a contract-holder under the contract from the day on which he or she becomes a joint contract-holder.
3
This section is a fundamental provision which is incorporated as a term of all occupation contracts.
I350Adding a joint contract-holder: landlord's consent
Where a landlord refuses consent or consents subject to conditions to adding a joint contract-holder under section 49, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6.
I451Adding a joint contract-holder: formalities
1
The addition of a joint contract-holder under an occupation contract may be effected only by a document signed or executed by each of the parties to the transaction.
2
If the contract requires the landlord's consent to the addition, the document must also be signed or executed by the landlord.
3
But subsection (2) does not apply if the landlord is treated as having consented under section 84(6), (8) or (10).