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PART 2OCCUPATION CONTRACTS AND LANDLORDS

CHAPTER 2NATURE OF CONTRACTS WHICH CAN BE MADE ETC. BY COMMUNITY LANDLORDS AND PRIVATE LANDLORDS

Contracts made with or adopted by community landlords

14Review of notice

(1)This section applies where a community landlord gives a notice under section 13.

(2)The contract-holder may apply to the county court for a review of the landlord’s decision to give the notice.

(3)The application must be made before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the notice.

(4)The county court may give permission for an application to be made after the end of the period allowed by subsection (3), but only if it is satisfied—

(a)where permission is sought before the end of that period, that there is a good reason for the contract-holder to be unable to make the application in time, or

(b)where permission is sought after that time, that there is a good reason for the contract-holder’s failure to make the application in time and for any delay in applying for permission.

(5)The county court may confirm or quash the decision to give the notice.

(6)In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review.

(7)If the county court quashes the decision, it may make any order the High Court could make when making a quashing order on an application for judicial review.

(8)If the county court quashes the decision and the landlord gives the contract-holder a further notice under section 13 before the end of the post-review period, the notice has effect (other than for the purposes of subsection (3)) as if given—

(a)in a case within section 11, at the time the contract was made, or

(b)in a case within section 12, at the time the community landlord became the landlord.

(9)The post-review period is the period of 14 days beginning with the day on which the county court quashes the decision.