Renting Homes: The Final Report - Law Commission

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PART 11: OTHER RIGHTS AND OBLIGATIONS 144 Obtaining a contract by making a false statement 144 Protection of the right to occupy 144 Landlord’s name and address 145 Joint and several liability 145 Management codes and consultation 146 Tenancy deposits 146 APPENDIX A: RECOMMENDATIONS FOR SUPPLEMENTARY TERMS AND OTHER MATTERS 148 Introduction 148 Supplementary terms 148 Recommended supplementary terms for all occupation contracts 148 Recommended supplementary terms for all periodic occupation contracts 149 Recommended supplementary terms for secure contracts 150 Recommended supplementary terms for standard contracts 150 Recommended supplementary terms for fixed term standard contracts 150 Other matters 150 Statutory Instruments relating to the model contracts 150 Changes to Civil Procedure Rules 151 Changes to legislation 152 Miscellaneous 153 APPENDIX B: ILLUSTRATIVE PERIODIC STANDARD CONTRACT AND ILLUSTRATIVE SECURE CONTRACT 154 10
THE LAW COMMISSION RENTING HOMES: THE FINAL REPORT To the Right Honourable the Lord Falconer of Thoroton, Secretary of State for Constitutional Affairs and Lord Chancellor PART 1 INTRODUCTION INTRODUCTION 1.1 Renting homes is big business. Almost a third of the population rent their homes. Despite the attention paid to the owner-occupied sector, rented housing remains a significant part of the housing market in England and Wales. An active, well-run rental market is needed: (1) to provide choice for those who want to rent; (2) to meet social need by providing housing for those who cannot afford to buy; (3) to increase flexibility in the accommodation and labour markets by enabling people to move quickly to take up job opportunities or to explore new housing options. 1.2 It is generally accepted that the rented housing sector needs regulation. Market mechanisms cannot redress imbalances in the bargaining power of landlords and occupiers. At the same time, the regulatory framework must be one that works and can be delivered in a cost-effective way. 1.3 At the heart of our recommendations – the result of one of the largest consultation exercises ever undertaken by the Law Commission 1 − are two radical changes to the legislative approach to the regulation of rented housing. These recommendations are encapsulated in the Rented Homes Bill which we are publishing alongside this Report. 1 We published two Consultation Papers: Renting Homes 1: Status and Security (2002) Law Commission Consultation Paper No 162, in April 2002, http://www.lawcom.gov.uk/docs/cp162.pdf; Renting Homes 2: Co-occupation, Transfer and Succession (2002) Law Commission Consultation Paper No 168, in September 2002, http://www.lawcom.gov.uk/docs/cp168.pdf (last visited 15 March 2006). We addressed over 70 public events; we received over 400 written responses to the Consultation Papers. The essential contribution made by consultees was acknowledged in our Report Renting Homes (2003) Law Com No 284, at Annex D. 11
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 and 10: Deception 93 Persons with “home r
Page 11: Limits 128 Access 129 Parties to pr
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
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Page 39 and 40: 2.45 We are aware that the current
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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
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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: The Final Report - Law Commission

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