C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

Annotations:
Modifications etc. (not altering text)

C1CHAPTER 14JOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION

(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

Exclusion of joint contract-holders

I1C1225C1Non-occupation: exclusion by landlord

1

If the landlord under an occupation contract believes that a joint contract-holder who is required to occupy the dwelling (“J”)—

a

does not occupy the dwelling, and

b

does not intend to occupy it,

the landlord may end J's rights and obligations in accordance with this section.

2

A joint contract-holder is required to occupy the dwelling if it is a term of the contract (however expressed) that he or she must occupy the dwelling as his or her only or principal home.

3

The landlord must give J notice—

a

stating that the landlord believes that J does not occupy, and does not intend to occupy, the dwelling,

b

requiring J to inform the landlord in writing before the end of the warning period if J occupies or intends to occupy the dwelling, and

c

informing J of the landlord's intention to end J's rights and obligations under the contract if at the end of the warning period the landlord is satisfied that J does not occupy, and does not intend to occupy, the dwelling.

4

The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to J.

5

During the warning period the landlord must make such inquiries as are necessary to satisfy the landlord that J does not occupy the dwelling and does not intend to occupy it.

6

At the end of the warning period the landlord may, if satisfied as described in subsection (5), end J's rights and obligations under the contract by giving him or her a notice.

7

J ceases to be a party to the contract at the end of the period of eight weeks starting with the day on which he or she is given notice under subsection (6).

8

The landlord must give a copy of a notice under subsection (3) and (if one was given to J) a copy of a notice under subsection (6) to each of the other joint contract-holders.