C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

Annotations:
Modifications etc. (not altering text)

C1CHAPTER 5TERMINATION OF PERIODIC STANDARD CONTRACTS

Termination by landlord: landlord's notice

I1C1175C1F4Restriction on section 173: notice may not be given until after the first six months of occupation

1

The landlord may not give notice under section 173 before the end of the period of F3six months starting with the occupation date of the contract.

2

If the contract is a substitute occupation contract, the landlord may not give notice under section 173 before the end of the period of F1six months starting with the occupation date of the original contract.

3

For the purposes of subsection (2)—

a

an occupation contract is a substitute occupation contract if—

i

the occupation date of the contract falls immediately after the end of a preceding occupation contract,

ii

immediately before the occupation date of the contract a contract-holder under the contract was a contract-holder under the preceding contract and a landlord under the contract was a landlord under the preceding contract, and

iii

the contract relates to the same (or substantially the same) dwelling as the preceding contract, and

b

“original contract” means—

i

where the substitute occupation contract has an occupation date falling immediately after the end of a contract which is not a substitute occupation contract, the occupation contract which precedes the substitute occupation contract;

ii

where there have been successive substitute occupation contracts, the occupation contract which preceded the first of the substitute occupation contracts.

4

This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which—

a

do not incorporate section 173 as a term of the contract, or

b

are within Schedule 9 (whether or not they incorporate section 173 as a term of the contract),

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