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PART 4CONDITION OF DWELLING

CHAPTER 3MISCELLANEOUS(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

100Specific performance

(1)In any proceedings for breach of a repairing obligation under an occupation contract, the court may order specific performance of the obligation despite any equitable rule limiting the availability of that remedy.

(2)Repairing obligations are—

(a)obligations to repair (or keep or deliver up in repair), or to maintain, renew, construct or replace any property, and

(b)obligations to keep any dwelling fit for human habitation however expressed,

and include a landlord’s obligations under sections 91 and 92.

101Waste and tenant-like user

(1)The contract-holder under an occupation contract is not liable for waste in respect of the dwelling.

(2)The rule of law under which a tenant has an implied duty to use demised premises in a tenant-like manner does not apply to a contract-holder if the tenancy is an occupation contract.