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PART 9E+WTERMINATION ETC. OF OCCUPATION CONTRACTS

Modifications etc. (not altering text)

CHAPTER 14E+WJOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

Exclusion of joint contract-holdersE+W

226Remedies for exclusion under section 225E+W

(1)J may, before the end of the period of eight weeks starting with the day on which he or she is given notice under section 225(6), apply to the court on a ground in subsection (2) for a declaration under subsection (3).

(2)The grounds are—

(a)that the landlord failed to give notice under section 225(3) or failed to make the inquiries required by section 225(5);

(b)that J occupied, or intended to occupy, the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 225(3);

(c)that when the landlord gave the notice to J under section 225(6) the landlord did not have reasonable grounds for being satisfied that J did not occupy, and did not intend to occupy, the dwelling.

(3)If the court finds that one or more of the grounds are made out it may—

(a)make a declaration that the notice under section 225(6) is of no effect and that J continues to be a party to the contract, and

(b)make such further order as it thinks fit.

Commencement Information

I1S. 226 in force at 1.12.2022 by S.I. 2022/906, art. 2