Renting Homes: The Final Report - Law Commission

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MOBILITY 10.21 Often supported housing providers have limited accommodation available, and it is essential that they can put it to the best use. To assist with this, the Bill gives power to landlords to require contract-holders to move within the building. 15 For example, a room near the resident manager’s room may be best used to keep an eye on a new arrival. Therefore the manager may need to move occupiers within their premises. The ability to move people can also be a useful tool in maintaining order – moving residents who are in conflict, for instance, may forestall the need for one or both to be removed or evicted. 10.22 At present many providers seek to achieve this by using agreements that contain a “non-exclusive occupation” clause. This may suggest, at least to lawyers, that this would be more likely to result in the arrangement being a licence, not a tenancy. But in practice, such a provision is often fictitious and serves only to confuse residents. 10.23 Our recommendations enable providers to make sensible and considered decisions about how accommodation needs are to be managed but in an open and transparent way, rather than using arcane legal principles. 10.24 We accept that both these provisions enable supported housing managers to exercise powers not available to ordinary landlords. But we think that they are a proportionate response to the particular challenges of managing this class of accommodation. Extending the enhanced management period 10.25 As noted above, our recommended scheme for supported housing provides for progression from a limited period of no legal rights, to a further limited period when rights are conditional upon appropriate behaviour, and culminates in the provision of accommodation on the same basis as any other rented accommodation. It will always be open to providers to enhance occupiers’ rights at any stage. 10.26 Nevertheless, we recognise that there will be some circumstances when the additional tools or restrictions on rights during the enhanced management period need to be available for longer than two years. Thus the scheme provides that in limited circumstances the landlord can extend the enhanced management period. 16 This requires the service of a notice of extension upon the contractholder at least eight weeks prior to the expiry of the enhanced management period. 10.27 The landlord must provide reasons for the decision to extend the period. 17 In particular, they must justify the continuing need to have the power, discussed above, to temporarily exclude the particular contract-holder in question. 18 15 Cl 77. 16 Cl 97. This decision will in certain circumstances be reviewable: see para 10.28. 17 Cl 97(4). 18 Cl 97(3). 142
10.28 Where the landlord is a judicially reviewable body, the occupier can apply to the county court for a review of the decision to extend the enhanced management period. 19 19 Cl 107. 143
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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
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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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Renting Homes: The Final Report - Law Commission

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