57Permissible forms of dealingE+W
(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.
Commencement Information
I1S. 57 in force at 1.12.2022 by S.I. 2022/906, art. 2