Renting Homes: The Final Report - Law Commission

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24 Information about parties Renting Homes - periodic standard contract 181. The landlord must, before the end of the period of two weeks starting with the effective date of this contract, give you notice of an address in England and Wales to which you may send documents that are intended for the landlord. 182. If the landlord manages the premises through an agent the landlord must, before the end of the period of two weeks starting with the day on which he starts to manage the premises through the agent, give you notice of the agent’s name and address. 183. If there is a change in the identity of the landlord the new landlord must, before the end of the period of two weeks starting with the day on which he becomes the landlord, give you notice that he has become the landlord. 184. If there is a change in the identity of the contract-holder the landlord must, before the end of the relevant period, give the new contract-holder notice that he has become the contract-holder under this contract. 185. The relevant period is two weeks starting with— (a) the day on which the identity of the contract-holder changes, or (b) if later, the day on which the landlord becomes aware that the identity of the contract-holder has changed. Compensation for breach of terms 181 to 185 186. If the landlord fails to comply with an obligation under terms 181 to 185, he is liable to pay you compensation under section 34 of the Rented Homes Act 2006. 187. The compensation is payable in respect of the relevant date and every day after the relevant date until— (a) the day on which the landlord gives the notice in question, or (b) if earlier, the last day of the period of two months starting with the relevant date. 188. Interest on the compensation is payable if the landlord fails to give you the notice on or before the day referred to term 187(b). 189. The interest starts to run on the day referred to in term 187(b), at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day. 190. The relevant date is the first day of the period before the end of which the landlord was required to give the notice. Written statement of contract 191. The landlord must give you a written statement of this contract before the end of the period of two weeks starting with the effective date. D R A F T A fundamental term which cannot be left out of the contract or changed A fundamental term which can be left out of this contract or changed, but only if that gives you greater protection than you are entitled to under the Rented Homes Act 2006 A supplementary term which can be left out of this contract or changed
Renting Homes - periodic standard contract 192. The landlord may not charge a fee for providing you with a written statement under term 191. 193. You may request a further written statement of this contract at any time. 194. The landlord may charge a reasonable fee for providing it. 195. The landlord must give you the further written statement before the end of the period of two weeks starting with— (a) the day of the request, or (b) if the landlord charges a reasonable fee, the day on which you pay the fee. Form of notices 196. Any notice or other document required or authorised to be given or made by this contract must be in writing. O. ADDITIONAL TERMS D R A F T 25
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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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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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Renting Homes: The Final Report - Law Commission

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