Section 49: proposed joint contract-holderE+W
9(1)This paragraph applies where the contract-holder under the occupation contract seeks the landlord's consent to adding a joint contract-holder under section 49.E+W
(2)Where this paragraph applies, the following circumstances (in addition to those in Part 2) must be taken into account (to the extent that they are relevant)—
(a)whether the proposed joint contract-holder is a suitable contract-holder;
(b)whether he or she is a member of the contract-holder's family (see section 250) and, if so, the nature of the relationship;
(c)whether the proposed joint contract-holder is likely to become a sole contract-holder in relation to the dwelling;
(d)whether he or she is likely, but for being made a joint contract-holder, to succeed to the contract under section 73.
(3)Circumstances relevant to sub-paragraph (2)(a) may include whether the proposed joint contract-holder—
(a)is likely to comply with the contract, and
(b)has complied with other occupation contracts (whether as contract-holder under those contracts or otherwise).
(4)Circumstances relevant to sub-paragraph (2)(c) may include—
(a)whether the landlord would have been able to refuse consent if the contract-holder requested the landlord's consent to a transfer of the contract to the proposed joint contract-holder, and
(b)any circumstances that would be relevant if the landlord were considering whether to make a new occupation contract in relation to the dwelling with that person.
(5)Circumstances relevant to sub-paragraph (2)(d) may include the probable effect of giving consent as regards—
(a)the persons who may in future be qualified to succeed to the occupation contract, and
(b)the period for which the occupation contract is likely to continue in force if one or more of those persons do succeed to it.
Commencement Information
I1Sch. 6 para. 9 in force at 1.12.2022 by S.I. 2022/906, art. 2
10(1)This paragraph applies where the contract-holder under the occupation contract seeks the landlord's consent to adding a joint contract-holder under section 49.E+W
(2)If the landlord considers that the probable effect of giving consent is to substantially lengthen the period during which the occupation contract is likely to continue in force, it is reasonable for the landlord to impose the condition mentioned in sub-paragraph (3).
(3)The condition is that the joint contract-holder is to be treated for the purposes of this Act as a priority successor or as a reserve successor in relation to the occupation contract.
Commencement Information
I2Sch. 6 para. 10 in force at 1.12.2022 by S.I. 2022/906, art. 2