Renting Homes: The Final Report - Law Commission

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Do not destroy this document This contract contains different types of terms. Whether a term may be left out of this contract or changed depends on which type it is. To make the contract easier to understand, symbols have been used for the different types of terms— 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 - secure contract This document is important. It sets out your rights and responsibilities. You are advised to read it before agreeing to it. It should be kept for the lifetime of the contract. You may need to refer to it in the future. Please see the guidance booklet provided with this contract. Further advice is available from your local citizens advice bureau, your local housing advice centre or the Rented Homes website (www.rentedhomes.gov.uk). This contract means that: • • • • • you cannot be evicted without a court order, unless you abandon the premises; before a court will make an eviction order your landlord will have to show that either: you have broken the contract and it is reasonable to evict you, or your landlord needs to move you, suitable alternative accommodation is available, and it is reasonable to evict you; you have important rights as to how you use your home, although some of these require the consent of your landlord; you are responsible for the behaviour of everyone who lives in and visits your home; your landlord must give you a free written statement of your occupation contract within two weeks of the effective date: for each day it is late, you do not have to pay a day’s rent, up to a maximum of two months’ rent. Many of the technical words and phrases used in this contract have a specific meaning under the Rented Homes Act 2006. Please see the guidance booklet accompanying this contract for a definition of these words and phrases. Contents Page Page A Rent and other charges 1 B Prohibited conduct 2 C Control of the premises 3 D Numbers of other occupants 5 E Care of the premises 5 F Making changes to the premises 9 or to services G Dealings 9 H Provisions about joint 11 contract-holders I Termination of the contract: general 12 J Termination by the contract-holder 14 K Termination by the landlord 15 L Variation 20 M Other matters 22 N Additional terms 24
Renting Homes - secure contract A. RENT AND OTHER CHARGES Rent 1. You must pay the rent in full and on the dates agreed. Right of set off 2. If the landlord is liable to pay you compensation under section 34 of the Rented Homes Act 2006, you may set off that liability against rent. Explanatory note: You need not pay a day’s rent for each day the landlord does not provide you with a written statement of your occupation contract, or of a variation to it. The guidance booklet provided with this contract explains this further. Variation of rent 3. The landlord may vary the rent payable by giving you a notice proposing a new rent to take effect on the date specified in the notice. 4. The period between the day on which the notice is given to you and the specified date may not be less than two months. 5. Subject to that— (a) the first notice may specify any date, and (b) subsequent notices must specify a date which is not less than one year after the last date on which a new rent took effect. Council tax and services 6. You must pay the council tax. 7. You must pay for all gas, electricity, water, sewage, telephone and other services supplied to the premises. 8. You must arrange to be billed for the taxes and services mentioned in terms 6 and 7, and you must pay the amounts in full and on time. DEPOSITS Form of security 9. The landlord may not require security to be given in any form other than— (a) money, or (b) a guarantee. Requirement to use deposit scheme 10. If you pay a deposit (or another person pays a deposit on your behalf), the deposit must be dealt with in accordance with an authorised deposit scheme. 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 1
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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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Access 8.11 The landlord may enter
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PART 9 PROHIBITED CONDUCT AND ANTI-
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Renting Homes: The Final Report - Law Commission

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