PART 9

TERMINATION ETC. OF OCCUPATION CONTRACTS
CHAPTER 14

JOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION

(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

Exclusion of joint contract-holders

Non-occupation: exclusion by joint contract-holder
227
1
If a joint contract-holder (“C”) believes that another joint contract-holder (“J”) who is required under an occupation contract to occupy the dwelling—
a
does not occupy the dwelling, and
b
does not intend to occupy it,
J’s rights and obligations under the contract may be ended in accordance with this section.
2
A joint contract-holder is required to occupy the dwelling if it is a term of the contract (however expressed) that he or she must occupy the dwelling as his or her only or principal home.
3
C must give J notice—
a
stating that C believes that J does not occupy, and does not intend to occupy, the dwelling,
b
requiring J to inform C in writing before the end of the warning period if J occupies or intends to occupy the dwelling, and
c
informing J that if at the end of the warning period C is satisfied that J does not occupy, and does not intend to occupy, the dwelling, J’s rights and obligations under the contract may be ended.
4
C must give a copy of a notice under subsection (3)—
a
to the landlord, and
b
if there are joint contract-holders other than C and J, to each of those other joint contract-holders.
5
During the warning period C must make such inquiries as are necessary to satisfy himself or herself that J does not occupy the dwelling and does not intend to occupy it.
6
At the end of the warning period C may, if satisfied as described in subsection (5), apply to the court for an order ending J’s rights and obligations under the occupation contract.
7
If the court is satisfied that J does not occupy, and does not intend to occupy, the dwelling, it may make the order applied for under subsection (6).
8
But it may not make the order if the fact that J does not occupy, and does not intend to occupy, the dwelling is attributable to C or another joint contract-holder failing to comply with section 55 (anti-social behaviour and other prohibited conduct).
9
If the court makes the order, J ceases to be a party to the contract on the date specified in the order.
10
The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to J.