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PART 9E+WTERMINATION ETC. OF OCCUPATION CONTRACTS

Modifications etc. (not altering text)

CHAPTER 14E+WJOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

Exclusion of joint contract-holdersE+W

228Remedies for exclusion under section 227E+W

(1)Subsection (2) applies if the court makes an order under section 227(7) ending J's rights and obligations under the occupation contract.

(2)J may, before the end of the period of six months starting with the day on which the order is made, apply to the court on a ground in subsection (3) for an order and declaration under subsection (4)(a).

(3)The grounds are—

(a)that C failed to give notice under section 227(3) or failed to make the inquiries required by section 227(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 227(3);

(c)that when C applied to the court he or she did not have reasonable grounds for being satisfied that J did not occupy, and did not intend to occupy, the dwelling.

(4)If the court finds that one or more of the grounds is made out it may—

(a)by order rescind its order under section 227, and declare that J continues to be a party to the occupation contract, and

(b)make such further order as it thinks fit.

Commencement Information

I1S. 228 in force at 1.12.2022 by S.I. 2022/906, art. 2