PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 5JOINT CONTRACT-HOLDERS AND JOINT LANDLORDS

Joint contract-holders: survivorship

I152Joint contract-holder ceasing to be a party to the occupation contract

1

If a joint contract-holder under an occupation contract dies, or ceases to be a party to the contract for some other reason, from the time he or she ceases to be a party the remaining joint contract-holders are—

a

fully entitled to all the rights under the contract, and

b

liable to perform fully every obligation owed to the landlord under the contract.

2

The joint contract-holder is not entitled to any right or liable to any obligation in respect of the period after he or she ceases to be a party to the contract.

3

Nothing in subsection (1) or (2) removes any right or waives any liability of the joint contract-holder accruing before he or she ceases to be a party to the contract.

4

This section does not apply where a joint contract-holder ceases to be a party to the contract because his or her rights and obligations under the contract are transferred in accordance with the contract.

5

This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

a

must be incorporated, and

b

must not be incorporated with modifications.