Renting Homes: The Final Report - Law Commission

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8 Limits on landlord’s obligations to repair: your fault Renting Homes - secure contract 58. Term 44 does not impose any liability on the landlord if the existence of a category 1 hazard is wholly or mainly attributable to lack of care by you or a permitted occupier of the premises. 59. The landlord is not obliged by term 45 or 46 to carry out works or repairs if the disrepair or the failure of a service installation to be in working order is wholly or mainly attributable to lack of care by you or a permitted occupier of the premises. 60. “Lack of care” means a failure to take proper care— (a) of the premises, or (b) if the premises form part only of a building, of the common parts that you are entitled to use under this contract. Limits on landlord’s obligations to repair: notice 61. The landlord’s obligations under terms 45 and 46 do not arise until the landlord becomes aware that works or repairs are necessary. 62. The landlord complies with his obligations under those terms if he carries out the necessary works or repairs within a reasonable time after the day on which he becomes aware that they are necessary. 63. Term 64 applies if— (a) the landlord (the “old landlord”) transfers his interest in the premises to another person (the “new landlord”), and (b) the old landlord is aware before the date of the transfer that works or repairs are necessary in order to comply with terms 45 or 46. 64. The new landlord is to be treated as becoming aware of the need for those works or repairs on the date of the transfer, but not before. Rights of permitted occupiers 65. A permitted occupier who suffers personal injury, or loss of or damage to personal property, as a result of the landlord failing to comply with term 45 or 46 may enforce that term in his own right. 66. But a permitted occupier who is a lodger or sub-holder may do so only if the lodger is allowed to live in the premises, or the sub-occupation contract is made, in accordance with the terms of this contract. Explanatory note: See term 74 for lodgers and term 75 for sub-occupation contracts made with sub-holders. 67. When you report a repair, the landlord must tell you when the repair will be completed. D R A F T 68. When a repair is completed, the landlord must clear up afterwards and leave the decoration in a state as close as possible to that it was in before the repair was done. 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 F. MAKING CHANGES TO THE PREMISES OR TO SERVICES Changes to services 69. You may not do any of the following without the consent of the landlord— (a) cancel the supply of water, electricity or gas (if applicable) (see term 7); or (b) install or remove (or arrange to have installed or removed) any meters at the property that relate to the supply of services to the premises (see term 7). G. DEALINGS Dealing: General prohibition 70. In terms 71 to 73 “dealing” includes— (a) creating a tenancy, or creating a licence which confers the right to occupy the premises, (b) transferring, (c) mortgaging or otherwise charging. 71. You may not deal with this contract, the premises or any part of the premises except— (a) in a way permitted by this contract, or (b) in accordance with a family property order. 72. A joint contract-holder may not deal with anything mentioned in term 71, or his rights and obligations under this contract, except— (a) in a way permitted by this contract, or (b) in accordance with a family property order. 73. If you do anything in breach of term 71, or a joint contract-holder does anything in breach of term 72— (a) the transaction is not binding on the landlord, and (b) you are or the joint contract-holder is in breach of this contract (despite the transaction not being binding on the landlord). Explanatory note: The guidance booklet provided with this contract contains further information on ways of dealing with it, in particular the procedural and consent requirements. Lodgers 74. You may allow persons to live in the premises as lodgers. Making of sub-occupation contracts 75. You may make a sub-occupation contract that is a periodic standard contract if the landlord consents. The landlord has an absolute right to D R A F T 9
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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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(3) A contract-holder may not use o
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9.15 The power of arrest may be exe
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Promotion to a secure contract 9.22
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10.6 Our approach 4 now is to provi
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Renting Homes: The Final Report - Law Commission

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