Renting Homes: The Final Report - Law Commission

4.99 If the court makes the order, it must specify the date on which the joint contractholder’s
rights and obligations end. 119 This does not remove any right or waive
any liability accruing before that date. 120 This procedure would enable a
community landlord, for instance, to evict a man who has been violent to his wife
or partner (a breach of the prohibited conduct term), without also having to evict
the victim.
Exclusion by another joint contract-holder
4.100 Finally, where a joint contract-holder has disappeared, the other joint contractholders
may want to determine whether or not that person is still a party to the
contract. The Bill provides that where a joint contract-holder (C) believes another
joint contract-holder (J) (who as a term of the contract is required to occupy the
premises as their only or principal home): 121
(1) does not occupy the premises; and
(2) does not intend to occupy them,
then J’s rights and obligations may be brought to an end by C. 122
4.101 The procedure for achieving this is very similar to the procedure that must be
followed by the landlord (see paragraphs 4.91 to 4.94 above) and is as follows.
(1) C must give J an initial notice which:
(a) states C’s belief that J no longer occupies and does not intend to
occupy the premises;
(b) requires J within four weeks to inform C if J intends to occupy the
premises; and
(c) tells J that if at the end of the warning period C is satisfied that J
does not occupy, and does not intend to occupy, the premises,
J’s rights and obligations may be brought to an end. 123
(2) C must give a copy of the notice to the landlord and any other joint
contract-holders. 124
(3) During the four week period, C must make such inquiries as are
necessary to satisfy himself that J does not occupy the premises and
does not intend to occupy them. 125
119 Cl 119(7).
120 Cl 111(3).
121 Cl 117(2).
122 Cl 117(1).
123 Cls 117(3) and (10).
124 Cl 117(4).
125 Cl 117(5).
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