PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 14JOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION

(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

Exclusion of joint contract-holders

226Remedies for exclusion under section 225

1

J may, before the end of the period of eight weeks starting with the day on which he or she is given notice under section 225(6), apply to the court on a ground in subsection (2) for a declaration under subsection (3).

2

The grounds are—

a

that the landlord failed to give notice under section 225(3) or failed to make the inquiries required by section 225(5);

b

that J occupied, or intended to occupy, the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 225(3);

c

that when the landlord gave the notice to J under section 225(6) the landlord did not have reasonable grounds for being satisfied that J did not occupy, and did not intend to occupy, the dwelling.

3

If the court finds that one or more of the grounds are made out it may—

a

make a declaration that the notice under section 225(6) is of no effect and that J continues to be a party to the contract, and

b

make such further order as it thinks fit.