C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS
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.
Pt. 9 excluded (1.12.2022) by 2004 c. 34, s. 33(c) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(c))