Renting Homes: The Final Report - Law Commission

(3) At the end of the warning period the landlord may bring the contract to an
end by giving notice in writing to the contract-holder. The contract ends at
that point. The landlord may then recover possession, as against the
contract-holder, without court proceedings. 50
(4) The landlord must give copies of any warning notice, or notice
terminating the contract to any lodger or sub-holder of the contractholder.
51
DISPOSAL OF PROPERTY
4.41 The appropriate authority may by regulations provide for the safeguarding and
disposal of property – other than the landlord’s – found on the premises when the
contract has been brought to an end. 52
CONTRACT-HOLDER’S REMEDIES
4.42 The contract-holder may, within six months from the date on which they were
given the notice ending the contract, apply to court on one of the following
grounds:
(1) that the landlord had failed to give a warning notice;
(2) that the landlord had failed to make the appropriate inquiries;
(3) that the contract-holder had not abandoned the premises and the failure
to respond (or to respond adequately) to the warning notice was justified;
or
(4) that when the landlord gave the notice ending the contract, the landlord
did not have reasonable grounds for concluding that the contract-holder
had abandoned the premises. 53
4.43 If the court finds that any one or more of these grounds are made out, it may
either:
(1) make a declaration that the notice ending the contract is of no effect and
that the contract continues to have effect; or
(2) order that the landlord provide suitable alternative accommodation to the
contract-holder.
It may also make any other order it thinks fit. 54
49 Cl 160(4).
50 Cl 160(5) to (7).
51 Cl 160(9).
52 Cl 161.
53 Cl 162(1) and (2).
54
Cl 162(3). Sch 5 applies to determine whether accommodation is a suitable alternative: cl
162(4).
72