If a contract holder believes that the remaining joint contract holder has abandoned the property or does not intend to occupy it, they too can apply to end the remaining joint contract holder’s contract.
A contract holder should issue the joint contract holder with an RHW31 form, advising:
- the joint contract holder does not occupy, and does not intend to occupy, the dwelling
- requiring the joint contract holder to inform remaining contract holder, in writing, before the end of the warning period of four-weeks if he/she occupies or intends to occupy the dwelling
- informing the joint contract holder that, if at the end of the warning period, the remaining contract holder is satisfied that the joint contract holder does not occupy, and does not intend to occupy, the dwelling, their rights and obligations under the contract may be ended by court application.
A copy of this notice must also be given to the landlord and any other remaining joint contract holders of the dwelling. It is the responsibility of the contract holder who is issuing the notice to ensure that all inquiries are made and that they satisfy that the joint contract holder is not and does not intend to occupy the dwelling.
At the end of the four-week notice period, the contract holder may apply to court for an order ending the joint contract holders’ rights and responsibilities. Providing that the court is satisfied with that joint contract holder is not occupying the property, and the remaining contract holder is not subject to any anti-social behaviour or prohibited conduct, the order will be granted, and the joint contract holder will cease to be a party to the contract on a date specified within the order.
*Please note*
The joint contract may apply to court within a six-month period if they feel that:
- The contract holder failed to give notice or failed to make the inquiries required
- The joint contract holder occupied or intended to occupy the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) when the contract holder applied to the court, he or she did not have reasonable grounds for being satisfied that the joint contract holder did not occupy, and did not intend to occupy, the dwelling.
If the court finds that one or more of these grounds are made out, it may:
- by order, rescind its order and declare that the joint contract holder continues to be a party to the occupation contract
- make such further order as it thinks fit.
Considerations
- Contract holder ID should be checked if contact is made following a suspected abandonment.
- Contract holders should be reminded of sections 4.10 and 4.11 of occupation contract agreement if you are happy to allow them to continue with their occupation contract.