Renting Homes: The Final Report - Law Commission

4.102 At the end of the four week period, C may apply to the court for an order bringing
J’s rights and obligations under the contract to an end. If the court is satisfied
that, indeed, J does not and does not intend to occupy the premises, the court
may make the order. This must specify the date on which J’s rights and
obligations terminate. 126 The order does not remove any right or waive any
liability accruing before that date. 127 The court may not make an order if it is
satisfied that the reason that J does not occupy and does not intend to occupy
the premises is attributable to C or another joint contract-holder breaching certain
parts of the prohibited conduct term. 128
JOINT CONTRACT-HOLDER’S REMEDIES
4.103 J can seek a remedy from the court within six months of the date on which the
order is made. J may apply to the court for a declaration that the final notice is of
no effect. The grounds on which the court may make such an order are:
(1) that C failed to give the initial notice;
(2) that C failed to make the necessary inquiries;
(3) that J occupied or intended to occupy the premises and the failure to
respond to the initial notice was justifiable; and
(4) that when C gave the final notice, C did not have reasonable grounds for
being satisfied that J did not, and did not intend to, occupy the premises.
If the court finds that one of these grounds is made out, it may rescind the order
and declare that the contract continues to have effect. It may also make any other
order that it thinks fit. 129
126 Cls 117(6), (7) and (9).
127 Cl 111(3).
128 Cl 117(8).
129 Cl 118.
87