Commentary on Sections Part 9 - Termination Etc. of Occupation Contracts Chapter 14 – Joint Contract-Holders: Exclusion and Termination.(This Chapter Applies to All Occupation Contracts) Section 227 – Non-occupation: exclusion by joint contract-holder
483.Under this section, one joint contract-holder (‘C’) may act to end the rights and obligations of another joint contract-holder (‘J’). This only applies where the contract requires occupation of the dwelling as the only or principal home of J.
484.C may seek to end the rights and obligations of J where C believes that J is not living in the dwelling and does not intend to do so in future. In such circumstances, C must give J notice that they do not believe that J is living in the dwelling, or intends to live there, and that J’s rights and obligations under the contract may be ended unless they contact C in writing within four weeks to confirm that they are living, or intend to live, in the dwelling.
485.Copies of this notice must be provided by C to the landlord and any other joint contract-holders. During this four week period C must make such inquiries as are necessary to be satisfied that J is not occupying the dwelling and does not intends to. If, at the end of the four-week period, C is satisfied that J is not living in the dwelling, and does not intend to, C may apply to the court to have J’s rights and obligations under the contract ended.
486.Where the court is satisfied that J does not live, and does not intend to live, in the dwelling, it may make an order ending J’s rights and obligations under the contract on a specified date, unless J’s absence can be attributed to another joint contract-holder breaching the prohibited conduct term of the contract (see section 55, and see also section 230 which sets out what the landlord may do in such situations).