PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 8DEALING

Sub-occupation contracts

67Excluded contract-holder’s remedies

1

This section applies if the court makes an order against C under section 66(9).

2

Before the end of the period of six months starting with the day on which the order is made, C may 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 S failed to give C a notice under section 66(3) or failed to make the inquiries required by section 66(5);

b

that C considered himself or herself to be a party to the head contract or the sub-occupation contract or both of them and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 66(3);

c

that, when S applied to the court, he or she did not have reasonable grounds for being satisfied that C considered himself or herself not to be a party to the head contract and the sub-occupation contract.

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 66(9), and declare that the head contract continues to have effect in relation to the dwelling, and

b

make such further order as it thinks fit.