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Caravans Act (Northern Ireland) 2011

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This is the original version (as it was originally enacted).

Terms of agreements

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3.—(1) In any residential agreement there shall be implied the terms set out in Part 1 of the Schedule; and this subsection shall have effect notwithstanding any express term of the agreement.

(2) The court may, on the application of either party made within the relevant period, order that there shall be implied in the agreement terms concerning the matters mentioned in Part 2 of the Schedule.

(3) The court may, on the application of either party made within the relevant period, make an order—

(a)varying or deleting any express term of the agreement;

(b)in the case of any express term to which section 2(5) applies, provide for the term to have full effect or to have such effect subject to any variation specified in the order.

(4) In relation to an agreement made after commencement, “the relevant period” means the period beginning with the date on which the agreement is made and ending—

(a)6 months after that date; or

(b)where a written statement relating to the agreement is given to the occupier after that date (whether or not in compliance with an order under section 2(6)), 6 months after the date on which the statement is given;

and section 2(8) applies for the purposes of this subsection as it applies for the purposes of section 2.

(5) In relation to an agreement made before commencement, “the relevant period” means the period of 6 months beginning with commencement.

(6) On an application under this section, the court shall make such provision as the court considers just and equitable in the circumstances.

(7) The supplementary provisions in Part 3 of the Schedule have effect for the purposes of paragraphs 8 and 9 of Part 1 of the Schedule.

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