PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 4DEPOSITS AND DEPOSIT SCHEMES

Security

43Form of security

1

The landlord under an occupation contract may not require security to be given in any form other than—

a

money, or

b

a guarantee.

2

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

44Form of security: county court proceedings

1

This section applies if—

a

the landlord under an occupation contract requires security to be given in a form which is not permitted by section 43, and

b

security is given in that form.

2

The contract-holder (or any person who has given the security on his or her behalf) may apply to the county court for an order under subsection (3).

3

An order under this subsection is an order requiring the person who appears to be holding the property constituting the security to return it.