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.