PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS
CHAPTER 14JOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION
(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)
Exclusion of joint contract-holders
228Remedies for exclusion under section 227
1
Subsection (2) applies if the court makes an order under section 227(7) ending J’s rights and obligations under the occupation contract.
2
J may, before the end of the period of six months starting with the day on which the order is made, 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 C failed to give notice under section 227(3) or failed to make the inquiries required by section 227(5);
b
that J occupied or intended to occupy the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 227(3);
c
that when C applied to the court he or she did not have reasonable grounds for being satisfied that J did not occupy, and did not intend to occupy, the dwelling.
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 227, and declare that J continues to be a party to the occupation contract, and
b
make such further order as it thinks fit.