Commentary on Sections Part 9 - Termination Etc. of Occupation Contracts Chapter 5 - Termination of Periodic Standard Contracts Section 175 - Restrictions on section 173: notice may not be given in first four months of occupation
404.A landlord is prevented from giving a notice under section 173 during the first four months of occupation. In the case of a substitute occupation contract (defined in subsection (3)), the four-month period is calculated from the occupation date of the original contract (also defined in subsection (3)). This section has the effect of preventing a landlord from obtaining possession of a dwelling using a landlord’s notice during the first six months of a person’s occupation of the dwelling. Section 20 provides that this section must be incorporated without modification in all periodic standard contracts, unless the contract does not incorporate section 173 as a term or is of a type listed in Schedule 9.