PART 4

CONDITION OF DWELLING
CHAPTER 3

MISCELLANEOUS

(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

Specific performance
100
1
In any proceedings for breach of a repairing obligation under an occupation contract, the court may order specific performance of the obligation despite any equitable rule limiting the availability of that remedy.
2
Repairing obligations are—
a
obligations to repair (or keep or deliver up in repair), or to maintain, renew, construct or replace any property, and
b
obligations to keep any dwelling fit for human habitation however expressed,
and include a landlord's obligations under sections 91 and 92.

Waste and tenant-like user
101
1
The contract-holder under an occupation contract is not liable for waste in respect of the dwelling.
2
The rule of law under which a tenant has an implied duty to use demised premises in a tenant-like manner does not apply to a contract-holder if the tenancy is an occupation contract.
S. 100 in force at 1.12.2022 by S.I. 2022/906, art. 2
S. 101 in force at 1.12.2022 by S.I. 2022/906, art. 2