Renting Homes: The Final Report - Law Commission

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10 Renting Homes - secure contract refuse consent for any request by you to make a sub-occupation contract. The landlord may consent subject to conditions. Explanatory note: A sub-holder is the contract-holder under a suboccupation contract. The guidance booklet provided with this contract contains further information about making sub-occupation contracts. Transfer to potential successor 76. You may transfer this contract as described in term 77, but only if the landlord consents. 77. You may transfer this contract to— (a) a potential successor, or (b) if there are two or more potential successors, all of the potential successors who wish to be included in the transfer. 78. If there is a sole contract-holder, a potential successor is a person who, under section 142 of the Rented Homes Act 2006, would be qualified to succeed him if he died immediately before the transfer. 79. If there are joint contract-holders, a potential successor is a person who, under section 142 of the Rented Homes Act 2006, would be qualified to succeed a joint contract-holder if— (a) the joint contract-holder died immediately before the transfer, and (b) when the joint contract-holder died he was the sole contract-holder. Explanatory note: The guidance booklet provided with this contract gives further information about succession rights. Transfer to secure contract-holder 80. You may transfer this contract as described in term 81, but only if the landlord consents. 81. You may transfer this contract to a person who— (a) before the transfer, is a contract-holder under a secure contract under which the landlord is a community landlord, and (b) immediately before the transfer, will cease to be the contract-holder under the contract mentioned in paragraph (a). Explanatory note: “community landlord” includes a local authority (or one of a few similar public bodies with housing functions) and registered social landlords (most housing associations). See the guidance booklet provided with this contract for a complete definition. Transferring 82. You may transfer this contract if the landlord consents. The landlord has an absolute right to refuse consent for any request by you to transfer this contract. This term applies only to transfers not covered by terms 76 to 81. 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 - secure contract H. PROVISIONS ABOUT JOINT CONTRACT-HOLDERS Adding a contract-holder 83. You may, with the consent of the landlord, make another person a joint contract-holder under this contract. 84. If a person is made a joint contract-holder under term 83 he becomes entitled to all the rights, and subject to all the obligations, of a contract-holder under this contract from the day on which he becomes a joint contract-holder. Explanatory note: The guidance booklet provided with this contract gives further information about the formalities for adding a joint contract-holder. Withdrawal 85. A joint contract-holder may withdraw from this contract by giving a notice (a “withdrawal notice”) to the landlord. 86. The withdrawal notice must specify the date on which the joint contractholder intends to cease to be a party to this contract (the “withdrawal date”). 87. When giving a withdrawal notice under term 85 the joint contract-holder must give the landlord at least one month’s notice. 88. The joint contract-holder must give a written warning to the other jointcontract holders when he gives the withdrawal notice to the landlord; and a copy of the withdrawal notice must be attached to the warning. 89. The landlord must give a written warning to the other joint contractholders as soon as reasonably practicable after he receives the withdrawal notice; and a copy of the withdrawal notice must be attached to the warning. 90. The joint contract-holder ceases to be a party to this contract on the withdrawal date. 91. A notice given to the landlord by one or more (but not all) of the joint contract-holders that purports to be a notice under term 114 (contract-holder’s notice to end contract) is to be treated as a withdrawal notice, and the date specified in the notice is to be treated as the withdrawal date. 92. Term 88 does not apply to a notice which is treated as a withdrawal notice because of term 91. D R A F T 11
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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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10.16 Although our scheme provides
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