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.