PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS
CHAPTER 8DEALING
Rights to deal with occupation contract
57Permissible forms of dealing
1
The contract-holder under an occupation contract may not deal with the occupation contract, the dwelling or any part of the dwelling except—
a
in a way permitted by the contract, or
b
in accordance with a family property order (see section 251).
2
A joint contract-holder may not deal with his or her rights and obligations under the occupation contract (or with the occupation contract, the dwelling or any part of the dwelling), except—
a
in a way permitted by the contract, or
b
in accordance with a family property order.
3
If the contract-holder does anything in breach of subsection (1), or a joint contract-holder does anything in breach of subsection (2)—
a
the transaction is not binding on the landlord, and
b
the contract-holder or joint contract-holder is in breach of the contract (despite the transaction not being binding on the landlord).
4
“Dealing” includes—
a
creating a tenancy, or creating a licence which confers the right to occupy the dwelling;
b
transferring;
c
mortgaging or otherwise charging.
5
This section is a fundamental provision which is incorporated as a term of all occupation contracts.