If only one contract holder of a joint occupation contract has abandoned the property, under section 225 of the new Renting Homes Act, the landlord can end the one part of a joint contract signed after 1st December 2022, by issuing the Joint contract holder with a four-week RHW29 Notice.
After this notification period, if the joint contract holder fails to respond, then the CHO must issue an RHW30 notice, notifying the joint contract holder that after 8 weeks, their contract will be terminated. A copy of this notice must also be issued to all other joint contract holders.
*Please note*
Under section 226 of the Renting Homes Act, within this 8-week period, the joint contract holder may contact the court to appeal this notice if they feel that the notice was issued under the following grounds:
- that the landlord 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)
- that when the landlord gave the notice to the joint contract holder, the landlord did not have reasonable grounds for being satisfied that he/she did not occupy, and did not intend to occupy, the dwelling.
If the court finds that one or more of the grounds above are made out, it may:
- make a declaration that the notice is of no effect and the joint contract holder continues to be a party to the contract
- make such further order as it thinks fit.