Renting Homes: The Final Report - Law Commission

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(4) The landlord complies with the repairing obligations if they carry out the necessary works or repairs within a reasonable time after the day on which they become aware that the works or repairs are necessary. 12 Limits 8.10 Notwithstanding their generality, these rules are subject to a number of limitations. (1) There is no liability if a category 1 hazard is incapable of removal by the landlord at reasonable expense. 13 (2) The landlord is not required to rebuild or reinstate premises or any part of them where destruction or damage is caused by fire, storm, flood or other inevitable accident. 14 (3) The landlord is not obliged to keep in repair anything the contract-holder is entitled to remove from the premises (for example, an electric fan heater). 15 (4) The landlord is not obliged to carry out works or repairs to other parts of the building unless the disrepair or failure to keep in working order affects the contract-holder’s enjoyment of the premises or the common parts which the contract-holder is entitled to use. 16 (5) The landlord is not liable if the existence of the category 1 hazard or the disrepair or failure of a service installation is wholly or mainly attributable to lack of care 17 by the contract-holder or a permitted occupier of the premises. 18 (6) The landlord’s obligations to repair do not arise until the landlord is aware that works or repairs are necessary. 19 12 Cl 46(2). 13 Cl 44(1). 14 Cls 44(2)(a) and (4). Where the premises are part only of a building, the landlord is not required to rebuild or reinstate any other part of the building in which they have an estate or interest, where the damage or destruction is similarly caused: cl 44(3). 15 Cl 44(2)(b). 16 Cl 44(5). 17 Lack of care means a failure to take proper care of the premises or the common parts that the contract-holder is entitled to use: cl 45(3). 18 Cls 45(1) and (2). 19 Cl 46(1). This restates the current law on the need for the landlord to have notice of the want of repair. If a landlord transfers their interest in the premises to another, and before the transfer the original landlord is aware that works or repairs are necessary, the new landlord is treated as becoming aware of the need on the date of the assignment, but not before: cls 46(3) and (4). 128
Access 8.11 The landlord may enter premises at any reasonable time to inspect the condition and state of repair of the premises or to carry out works or repairs. 20 At least 24 hours’ notice must be given. 21 8.12 The landlord is not liable where the works have to be carried out in another part of the building to which, after making a reasonable effort to do so, the landlord cannot get access. 22 Parties to proceedings 8.13 In addition to the contract-holder, permitted occupiers may also bring proceedings 23 against the landlord for breach of the repairing obligations. 24 Enforcement 8.14 A general provision empowers a court, in any proceedings for breach of a repairing obligation under an occupation contract, to order specific performance of the obligation. This overrides any equitable rule limiting the application of the remedy. 25 8.15 For these purposes, the repairing obligation includes not only the landlord’s obligations set out above, but any other obligations to repair, or to keep or deliver up in repair, or to maintain, renew, construct or replace any property, and obligations to keep any property fit for human habitation however expressed. 26 Waste and tenant-like user 8.16 Common law principles relating to waste and tenant-like user do not apply to occupation contracts. 27 Obligations to be imposed on the contract-holder are set out as supplementary or additional terms in the contract. By definition they cannot conflict with the fundamental terms discussed above. 20 Cl 47(1). 21 Cl 47(2). 22 Cls 47(3) and (4). 23 Limited to proceedings in respect of personal injury or loss of or damage to personal property: cl 48(3). 24 Cl 48. A lodger must be allowed to reside in the premises in accordance with the occupation contract and a sub-holder must have a sub-occupation contract made in accordance with the terms of the original occupation contract: cl 48(2). This formulation is designed to avoid some of the issues that can arise from the application of the principle of privity of contract. 25 Cl 49(1). 26 Cl 49(2). 27 Cl 50. 129
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The Law Commission (LAW COM No 297)
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THE LAW COMMISSION RENTING HOMES: T
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Obtaining a contract by deception 3
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Fundamental provisions applying to
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Deception 93 Persons with “home r
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Limits 128 Access 129 Parties to pr
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THE LAW COMMISSION RENTING HOMES: T
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(4) such other aspects of Housing L
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Flexibility 1.17 Finally, and most
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1.26 At present, many landlords do
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1.37 There is also power to define
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1.47 We have heard it suggested tha
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CHANGES IN THE LEGISLATIVE CONTEXT
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1.70 The position would be substant
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(1) the creation of model contracts
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PART 2 THE SCHEME IN OUTLINE 2.1 In
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Fundamental terms 2.12 Fundamental
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2.24 While consent must not be unre
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Obtaining a contract by deception 2
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2.45 We are aware that the current
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2.57 Nevertheless, there have to be
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PART 3 OCCUPATION CONTRACTS INTRODU
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3.9 A number of points about the de
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3.12 To prevent abuse of this rule,
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(b) Where a local housing authority
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Community landlords 3.23 The starti
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(9) Contracts relating to accommoda
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(3) supplementary terms; 84 and (4)
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The detail of these fundamental pro
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Landlords’ own contracts 3.54 The
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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
Page 79 and 80: 4.62 If the landlord has given a no
Page 81 and 82: 4.70 For social landlords and other
Page 83 and 84: (2) ground B applies where the prem
Page 85 and 86: Secure and periodic standard contra
Page 87 and 88: (3) the joint contract-holder occup
Page 89 and 90: 4.102 At the end of the four week p
Page 91 and 92: The possession notice 5.6 The court
Page 93 and 94: Estate management grounds 5.14 Wher
Page 95 and 96: POWERS OF THE COURT Discretionary g
Page 97 and 98: Relevant circumstances 5.35 The key
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Page 101 and 102: PART 6 DEALING INTRODUCTION 6.1 We
Page 103 and 104: 6.10 It is a fundamental term in ev
Page 105 and 106: Failure to comply with conditions 6
Page 107 and 108: 6.24 The policy objective is to ens
Page 109 and 110: 6.31 A copy of the notice must also
Page 111 and 112: 6.42 At present any succession, and
Page 113 and 114: 6.51 The Bill also contains provisi
Page 115 and 116: Landlord and Tenant (Covenants) Act
Page 117 and 118: The status of the occupation contra
Page 119 and 120: PART 7 SURVIVORSHIP, SUCCESSION AND
Page 121 and 122: 7.10 Following a development in Sco
Page 123 and 124: (2) the basic residence condition (
Page 125 and 126: (1) If there is only one priority s
Page 127 and 128: THE ESTATE MANAGEMENT GROUND FOR PO
Page 129: 8.5 Occupation contracts must conta
Page 133 and 134: PART 9 PROHIBITED CONDUCT AND ANTI-
Page 135 and 136: (3) A contract-holder may not use o
Page 137 and 138: 9.15 The power of arrest may be exe
Page 139 and 140: Promotion to a secure contract 9.22
Page 141 and 142: 10.6 Our approach 4 now is to provi
Page 143 and 144: 10.16 Although our scheme provides
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Page 147 and 148: 11.5 Where a landlord reasonably ex
Page 149 and 150: 11.12 The contract-holder has the r
Page 151 and 152: This means Part X of the Housing Ac
Page 153 and 154: A.10 We also recommend that a speci
Page 155 and 156: (c) chapters 1 and 1A of part 5 of
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Renting Homes - periodic standard c
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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 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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