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PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 7TERMINATION OF FIXED TERM STANDARD CONTRACTS

Landlord’s break clause

197Restrictions on use of landlord’s break clause: breach of information requirements

(1)If the landlord does not comply with section 31(1) or (2) (duty to provide written statement of contract), the landlord may not give notice under a landlord’s break clause before the end of the restricted period.

(2)The restricted period is six months starting with the day on which the landlord gives a written statement of the contract to the contract-holder.

(3)The landlord may not give notice under a landlord’s break clause at any time when the landlord has not provided a notice required under section 39 (duty to provide information).

(4)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord’s break clause.