C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

Annotations:
Modifications etc. (not altering text)

C1CHAPTER 3TERMINATION OF ALL OCCUPATION CONTRACTS (POSSESSION CLAIMS BY LANDLORDS)

Estate management grounds

I1C1160C1Estate management grounds

1

The landlord under an occupation contract may make a possession claim on one or more of the estate management grounds.

2

The estate management grounds are set out in Part 1 of Schedule 8 (paragraph 10 of that Schedule provides that Part 1 of that Schedule is a fundamental provision applicable to all occupation contracts).

3

Section 210 provides that the court may not make an order for possession on an estate management ground unless—

a

it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10), and

b

it is satisfied that suitable alternative accommodation (what is suitable is to be determined in accordance with Schedule 11) is available to the contract-holder (or will be available to the contract-holder when the order takes effect).

4

If the court makes an order for possession on an estate management ground (and on no other ground), the landlord must pay to the contract-holder a sum equal to the reasonable expenses likely to be incurred by the contract-holder in moving from the dwelling.

5

Subsection (4) does not apply if the court makes an order for possession on Ground A or B (the redevelopment grounds) of the estate management grounds (and on no other ground).

6

This section is a fundamental provision which is incorporated as a term of all occupation contracts.