C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

Annotations:
Modifications etc. (not altering text)

C1CHAPTER 1OVERVIEW AND INTRODUCTORY PROVISIONS

Overview

I1C1147C1Overview of Part

The following table provides an overview of this Part—

TABLE 1

CHAPTER

OCCUPATION CONTRACTS TO WHICH IT APPLIES

CONTENT OF CHAPTER

1

All occupation contracts (except section 151, which applies only to introductory standard contracts and prohibited conduct standard contracts)

a

ways in which occupation contracts may be ended,

b

circumstances in which landlords may make a claim to the court for recovery of possession of a dwelling, and

c

“possession notices”, which are notices landlords must give to contract-holders before making a possession claim under section 157 (breach of contract), F2section 160 (in relation to estate management grounds), sections 165 or 170 (recovery of possession after contract-holder's notice), section 181 or 187 (serious rent arrears) or section 191 (recovery of possession after use of contract-holder's break clause).

2

All occupation contracts

Certain circumstances in which occupation contracts can end without a possession claim.

3

All occupation contracts

Landlords' possession claims on—

  1. a

    ground of contract-holder's breach of contract, and

  2. b

    estate management grounds.

4

Secure contracts

Contract-holder's right to end the contract.

5

Periodic standard contracts

a

contract-holder's right to end the contract, and

b

rights of landlord to end the contract and make a possession claim.

6 and 7

Fixed term standard contracts

a

what happens at the end of the term,

b

contract-holder's right to end the contract, and

c

rights of landlord to end the contract and make a possession claim.

8

Introductory standard contracts and prohibited conduct standard contracts

Review by landlord, when required by contract-holder, of landlord's decision to give a notice requiring possession on certain grounds.

9 and 10

All occupation contracts

a

powers of court in relation to all possession claims, and

b

powers of court in relation to possession claims concerning discretionary grounds for possession.

11

Secure contracts

Powers and duties of court in relation to possession claims concerning a contract-holder's notice.

12

Standard contracts

Powers and duties of court in relation to possession claims concerning absolute grounds for possession.

13 to 15

All occupation contracts

a

rights of landlord in relation to abandonment of dwelling by contract-holder,

b

termination and exclusion where there are joint contract-holders, and

c

forfeiture and notices to quit not available in relation to occupation contracts.

Permissible termination, possession claims and notices requiring possession

I2C1148C1Permissible termination etc.

1

An occupation contract may be ended only in accordance with—

a

the fundamental terms of the contract which incorporate fundamental provisions set out in this Part or other terms included in the contract in accordance with this Part, or

b

an enactment.

2

Nothing in this section affects—

a

any right of the landlord or contract-holder to rescind the contract, or

b

the operation of the law of frustration.

3

This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

a

must be incorporated, and

b

must not be incorporated with modifications.

I3C1149C1Possession claims

1

The landlord under an occupation contract may make a claim to the court for recovery of possession of the dwelling from the contract-holder (“a possession claim”) only in the circumstances set out in Chapters 3 to 5 and 7.

2

This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

a

must be incorporated, and

b

must not be incorporated with modifications.

I4C1150C1Possession notices

1

This section applies in relation to a possession notice which a landlord is required to give to a contract-holder F1under any of the following sections before making a possession claimF3—

a

section 159 (in relation to a breach of contract by a contract-holder);

b

section 161 (in relation to estate management grounds);

c

section 166, 171 or 192 (in relation to a contract-holder's notice);

d

section 182 or 188 (in relation to serious rent arrears under a standard contract).

2

The notice must (in addition to specifying the ground on which the claim will be made)⁠—

a

state the landlord's intention to make a possession claim,

b

give particulars of the ground, and

c

state the date after which the landlord is able to make a possession claim.

3

This section is a fundamental provision which is incorporated as a term of all occupation contracts.

Notices requiring possession: introductory standard contracts and prohibited conduct standard contracts

I5C1151C1Introductory standard contracts and prohibited conduct standard contracts: notices under sections 173 and 181

1

Subsection (2) applies in relation to—

a

a notice given under section 173 (landlord's notice) in connection with an introductory standard contract or a prohibited conduct standard contract;

b

a possession notice given under section 181 (serious rent arrears) in connection with an introductory standard contract or a prohibited conduct standard contract.

2

The notice must (in addition to complying with any other requirements under this Act) inform the contract-holder of the right to apply for a review under section 202 (review by landlord), and of the time by which the application must be made.

3

This section is a fundamental provision which is incorporated as a term of all introductory standard contracts and prohibited conduct standard contracts.