Renting Homes: The Final Report - Law Commission

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Form and effect of transfer 111 Form 111 Effect 111 Unauthorised transfer 112 Landlord and Tenant (Covenants) Act 1995 113 Landlord’s consent 113 Reasonableness 114 The status of the occupation contract 115 The premises 115 The circumstances of the contract-holder 115 The circumstances of the landlord 115 The proposed joint contract-holder 115 Transfer to a potential successor 116 Transfer to a secure contract-holder 116 PART 7: SURVIVORSHIP, SUCCESSION AND RELATED MATTERS 117 Introduction 117 Survivorship 117 Succession rights 118 Introduction 118 The passing of the contract on death 119 Persons qualified to succeed 120 More than one qualified successor 122 Effect of succession 123 The transfer of fixed term standard contracts 124 The estate management ground for possession 125 PART 8: REPAIRS 126 Introduction 126 Fundamental terms 127 8
Limits 128 Access 129 Parties to proceedings 129 Enforcement 129 Waste and tenant-like user 129 Improvements 130 PART 9: PROHIBITED CONDUCT AND ANTI-SOCIAL BEHAVIOUR 131 Introduction 131 Prohibited conduct 132 Fundamental term 132 Enforcement 133 Possession proceedings 133 Injunction 133 Exclusion order 133 Power of arrest 134 Imposition of standard contract 135 Promotion to a secure contract 137 Simultaneous proceedings 137 PART 10: SUPPORTED HOUSING 138 Introduction 138 The new approach 138 Details of our statutory scheme 139 Exclusion of short term provision from the statutory scheme 140 Exclusion of supported housing accommodation from the requirement to enter into secure contracts – the enhanced management period 140 Tools available to the managers of supported housing 140 Extending the enhanced management period 142 9
Page 1 and 2: The Law Commission (LAW COM No 297)
Page 3 and 4: THE LAW COMMISSION RENTING HOMES: T
Page 5 and 6: Obtaining a contract by deception 3
Page 7 and 8: Fundamental provisions applying to
Page 9: Deception 93 Persons with “home r
Page 13 and 14: THE LAW COMMISSION RENTING HOMES: T
Page 15 and 16: (4) such other aspects of Housing L
Page 17 and 18: Flexibility 1.17 Finally, and most
Page 19 and 20: 1.26 At present, many landlords do
Page 21 and 22: 1.37 There is also power to define
Page 23 and 24: 1.47 We have heard it suggested tha
Page 25 and 26: CHANGES IN THE LEGISLATIVE CONTEXT
Page 27 and 28: 1.70 The position would be substant
Page 29 and 30: (1) the creation of model contracts
Page 31 and 32: PART 2 THE SCHEME IN OUTLINE 2.1 In
Page 33 and 34: Fundamental terms 2.12 Fundamental
Page 35 and 36: 2.24 While consent must not be unre
Page 37 and 38: Obtaining a contract by deception 2
Page 39 and 40: 2.45 We are aware that the current
Page 41 and 42: 2.57 Nevertheless, there have to be
Page 43 and 44: PART 3 OCCUPATION CONTRACTS INTRODU
Page 45 and 46: 3.9 A number of points about the de
Page 47 and 48: 3.12 To prevent abuse of this rule,
Page 49 and 50: (b) Where a local housing authority
Page 51 and 52: Community landlords 3.23 The starti
Page 53 and 54: (9) Contracts relating to accommoda
Page 55 and 56: (3) supplementary terms; 84 and (4)
Page 57 and 58: The detail of these fundamental pro
Page 59 and 60: Landlords’ own contracts 3.54 The
Page 61 and 62:
Variation 3.58 In addition the Bill
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3.70 Where a fixed term standard co
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PART 4 TERMINATION OF OCCUPATION CO
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4.11 However, reaching this result
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4.19 Similarly, on the death of a j
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Other provisions Death of the landl
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4.38 We noted in Renting Homes that
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TERMINATION BY THE LANDLORD 4.44 Ou
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4.53 In accordance with the “use
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4.62 If the landlord has given a no
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4.70 For social landlords and other
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(2) ground B applies where the prem
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Secure and periodic standard contra
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(3) the joint contract-holder occup
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4.102 At the end of the four week p
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The possession notice 5.6 The court
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Estate management grounds 5.14 Wher
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POWERS OF THE COURT Discretionary g
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Relevant circumstances 5.35 The key
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(1) Where, wholly or partly relying
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PART 6 DEALING INTRODUCTION 6.1 We
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6.10 It is a fundamental term in ev
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Failure to comply with conditions 6
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6.24 The policy objective is to ens
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6.31 A copy of the notice must also
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6.42 At present any succession, and
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6.51 The Bill also contains provisi
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Landlord and Tenant (Covenants) Act
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The status of the occupation contra
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PART 7 SURVIVORSHIP, SUCCESSION AND
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7.10 Following a development in Sco
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(2) the basic residence condition (
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(1) If there is only one priority s
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THE ESTATE MANAGEMENT GROUND FOR PO
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8.5 Occupation contracts must conta
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Access 8.11 The landlord may enter
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PART 9 PROHIBITED CONDUCT AND ANTI-
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(3) A contract-holder may not use o
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9.15 The power of arrest may be exe
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Promotion to a secure contract 9.22
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10.6 Our approach 4 now is to provi
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10.16 Although our scheme provides
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10.28 Where the landlord is a judic
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11.5 Where a landlord reasonably ex
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11.12 The contract-holder has the r
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This means Part X of the Housing Ac
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A.10 We also recommend that a speci
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(c) chapters 1 and 1A of part 5 of
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Renting Homes - periodic standard c
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Renting Homes - secure contract Thi
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Renting Homes - secure contract A.
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Renting Homes - secure contract C.
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Renting Homes - secure contract D.
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Renting Homes - secure contract 50.
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Renting Homes - secure contract F.
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Renting Homes - secure contract H.
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Renting Homes - secure contract 101
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Renting Homes - secure contract K.
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Renting Homes - secure contract Gro
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Renting Homes - secure contract For
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Renting Homes - secure contract D R
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Renting Homes: The Final Report - Law Commission

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