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SCHEDULE 2E+WEXCEPTIONS TO SECTION 7

PART 1E+WTENANCIES AND LICENCES NOT WITHIN SECTION 7 THAT ARE OCCUPATION CONTRACTS IF NOTICE IS GIVEN

The ruleE+W

1(1)A tenancy or licence which is not within section 7 may be an occupation contract if—E+W

(a)it confers the right to occupy the dwelling as a home on an individual (“the beneficiary”) other than the person with whom it is made, and

(b)the notice condition is met.

(2)A tenancy or licence which is not within section 7 because no rent or other consideration is payable under it (and to which sub-paragraph (1) does not apply) may be an occupation contract if the notice condition is met.

(3)The notice condition is met if, before or at the time when the tenancy or licence is made, the landlord gives a notice to the person with whom it is made stating that it is to be an occupation contract.

Commencement Information

I1Sch. 2 para. 1 in force at 1.12.2022 by S.I. 2022/906, art. 2

Contracts for another's benefit: further provisionE+W

2(1)This paragraph applies where a notice under paragraph 1(3) is given in relation to a tenancy or licence within paragraph 1(1)(a).E+W

(2)The notice may specify provisions of this Act and regulations made under it which are to have effect in relation to the occupation contract as if references to the contract-holder were references to the beneficiary.

(3)If it does so, the provisions specified in the notice have effect accordingly.

(4)Section 20(1)(b) and (2)(b) applies to fundamental provisions specified in the notice as if references to the contract-holder were references to the beneficiary.

Commencement Information

I2Sch. 2 para. 2 in force at 1.12.2022 by S.I. 2022/906, art. 2