SCHEDULE 7PROHIBITED CONDUCT STANDARD CONTRACTS

Probation period

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1

The probation period, in relation to an occupation contract which is a periodic standard contract because of an order under section 116, is—

a

the period of 12 months starting with the occupation date of the contract (see section 116(2)(b)), or

b

if there is an extension under paragraph 4, the period of 18 months starting with the occupation date of the contract.

2

If the landlord gives the contract-holder notice that the probation period will end before the time at which it would end under sub-paragraph (1), the period ends on the date specified in the notice.

3

If under paragraph 7 the court orders that the probation period will end before the time at which it would end under sub-paragraph (1), the period ends on the date specified in the order.

4

If sub-paragraphs (2) and (3) both apply, the period ends on the earlier of the date specified in the notice and the date specified in the order.

5

Sub-paragraph (6) applies instead of sub-paragraphs (1) to (4) if, at what would be the end of probation period under those sub-paragraphs—

a

a possession claim made by the landlord in respect of the dwelling has not been concluded, or

b

the landlord has given the contract-holder a possession notice or a notice under section 173 (landlord's notice to end contract), and the period before the end of which the landlord may make a possession claim has not ended.

6

Where this sub-paragraph applies, the probation period is the period starting with the occupation date of the contract and ending—

a

when a relevant event occurs, or

b

if no relevant event occurs, immediately after the contract ends.

7

In a case within sub-paragraph (5)(a) the relevant event is the conclusion of the possession claim in favour of the contract-holder.

8

In a case within sub-paragraph (5)(b) each of the following is a relevant event—

a

withdrawal of the notice;

b

the period ending without a possession claim having been made;

c

conclusion in favour of the contract-holder of a possession claim made in reliance on the notice.

9

If a private landlord other than a registered charity becomes the landlord under the contract before the time at which the probation period would end apart from this sub-paragraph, the probation period ends.