Chapter 2 - Termination Etc. Without a Possession Claim.(This Chapter Applies to All Occupation Contracts)
Section 152 – Early termination by contract-holder
359.A contract-holder may, before the earlier of receiving the written statement of the contract or becoming entitled to occupy the dwelling, end the contract by giving the landlord notice. Any rent, deposit or other consideration given in connection with the contract must be returned by the landlord.
Section 153 – Termination by agreement
360.This section provides for an occupation contract to be ended by agreement between the contract-holder and landlord (if the contract incorporates this section as a term). The contract ends when the contract-holder gives up possession as agreed. If a substitute occupation contract (defined in subsection (2)) arises, the contract which the landlord and contract-holder agreed to terminate ends immediately before the occupation date of the substitute contract.
Section 154 – Repudiatory breach by landlord
361.A contract-holder may end an occupation contract by giving up possession of the property if the landlord has committed a repudiatory breach of the contract. A repudiatory breach is one so significant as to justify termination. For example, if the landlord is required to pay for utility bills under the contract, then a failure to pay such bills which results in termination of the utility could represent a repudiatory breach.
Section 155 – Death of sole contract-holder
362.Where a contract-holder dies, and there are no joint contract-holders, the contract ends one month after the contract-holder’s death or, if earlier, when the landlord is informed of the death by an ‘authorised person’ (defined in subsection (2)). If another person is entitled to succeed to the tenancy, the succession will take place in accordance with sections 73 to 83.
363.If a family property order (defined in section 251) requires the contract to be transferred to someone else, the contract will be dealt with in accordance with that order.
364.Section 20 provides that section 155 must be incorporated without modification as a term of all occupation contracts, except fixed term standard contracts that contains the provision mentioned in section 139(1) (transfer on death of sole contract-holder).
Section 156 - Death of landlord where occupation contract is a licence
365.Since an occupation contract which is a licence is based on the granting of a personal interest to occupy the dwelling by the landlord, it will end on the death of the landlord.
