Renting Homes: The Final Report - Law Commission

(1) it has decided to make a possession order against the contract-holder; 44
and
(2) it would have made a possession order against the sub-holder, had a
claim for possession been brought by the contract-holder against the
sub-holder. 45
6.28 In deciding whether or not to make the extended possession order, the court may
take into account whether the head landlord had given the sub-holder any notice
of their intention to apply for an extended possession order, and the length of any
such notice. 46
Exclusion of contract-holder
6.29 There may also be circumstances in which a contract-holder has quite properly
entered into a sub-occupation contract with a sub-holder, but where the contractholder
has disappeared. 47 This may make it hard for the sub-holder to ensure that
their landlord (the original contract-holder) fulfils the landlord’s obligations under
the sub-occupation contract, for example to repair the property. Indeed, in such a
case the head landlord will also find it hard to enforce the obligations of the
contract against the contract-holder.
6.30 In such a case, and by analogy with our recommendations on abandonment, 48
the sub-holder may give the contract-holder a notice in writing which
(1) states the belief of the sub-holder that the contract-holder no longer
considers him or herself a party to the original contract and the subcontract;
(2) requires the contract-holder to tell the sub-holder, within four weeks, 49 if
he or she still regards him or herself as a party to one or both of the
contracts; and
(3) informs the contract-holder that after the warning period is over, the
original contract may be brought to an end and the rights and obligations
under the sub-occupation contract may be transferred to the head
landlord. 50
44 Cl 127(3).
45 Cl 127(4).
46 Cl 127(5).
47 Cls 128(1) and (2).
48 See above, at paras 4.37 to 4.43.
49
This is called the warning period, which starts with the day on which the notice is given to
the contract-holder: cl 128(9).
50 Cl 128(3).
106