Renting Homes: The Final Report - Law Commission

9.19 Before the court can make an order under these provisions, either the landlord
must have given the contract-holder notice that such an order would be sought,
or the court must consider it reasonable to dispense with the notice
requirement. 30
9.20 Where a standard contract is imposed by order of the court, the contract is called
a “prohibited conduct standard contract”. The terms of the new contract are in
essence those of the secure contract subject to the necessary detailed
amendments. 31
9.21 Special powers are attached to a prohibited conduct standard contract designed
to give the landlord and contract-holder the time to work together to improve
behaviour. Thus, the prohibited conduct contract is to last for a “trial period”. This
is 12 months from the start of the contract, 32 unless the court orders a shorter
period, 33 or unless an extension to the trial period is authorised. 34 The maximum
period for the trial period is 18 months.
30 Cl 60(1). The notice must give particulars of the conduct in respect of which the order is
sought; and state that proceedings will not be started until after the date specified in the
notice (which may be the same date as the day on which the notice was given), and will
not be started more than six months after the date on which the notice was given to the
contract-holder: cls 60(2) and (3).
31 The rules are set out in cl 61.
32 Cl 103.
33 Cl 105.
34 Cl 104.
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