Renting Homes: The Final Report - Law Commission

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18 ESTATE MANAGEMENT GROUNDS THE GROUNDS Ground A Renting Homes - secure contract 1 The landlord intends, within a reasonable time of obtaining possession of the premises— (a) to demolish or reconstruct the building or part of the building comprising the premises, or (b) to carry out work on that building or on land treated as part of the premises, and cannot reasonably do so without obtaining possession of the premises. Ground B 2 (1) This ground arises if the premises satisfy the first condition or the second condition. (2) The first condition is that the premises are in an area which is the subject of a redevelopment scheme approved in accordance with Part 2 of Schedule 6 to the Rented Homes Act 2006, and the landlord intends within a reasonable time of obtaining possession to dispose of the premises in accordance with the scheme. (3) The second condition is that part of the premises is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme and for that purpose reasonably requires possession of the premises. Ground C 3 (1) The landlord is a charity and your continued occupation of the premises would conflict with the objects of the charity. (2) But this ground is not available to the landlord (“L”) unless, at the time the contract was made and at all times after that, the person in the position of landlord (whether L or another person) has been a charity. Ground D 4 The premises have features which are substantially different from those of ordinary premises and which are designed to make them suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the premises and— (a) there is no longer such a person living in the premises, and (b) the landlord requires them for occupation by such a person (whether alone or with members of his family). 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 Ground E 5 (1) The landlord is a housing association or housing trust which makes premises available only for occupation (whether alone or with others) by persons who are difficult to house, and— (a) either there is no longer such a person living in the premises or a local housing authority has offered you a right to occupy other premises under a secure contract, and (b) the landlord requires the premises for occupation by such a person (whether alone or with members of his family). (2) A person is difficult to house if his circumstances (other than merely financial circumstances) make it especially difficult for him to satisfy his need for housing. Ground F 6 The premises constitute part of a group of premises which it is the practice of the landlord to make available for occupation by persons with special needs and— (a) a social service or special facility is provided in close proximity to the group of premises in order to assist persons with those special needs, (b) there is no longer a person with those special needs living in the premises, and (c) the landlord requires the premises for occupation by a person who has those special needs (whether alone or with members of his family). Ground G 7 You succeeded to this contract under section 141 of the Rented Homes Act 2006 as a reserve successor of the previous contract-holder, and the accommodation comprised in the premises is more extensive than is reasonably required by you. Ground H 8 (1) This ground arises if the first condition and the second condition are met. (2) The first condition is that a joint contract-holder’s rights and obligations under the contract have been brought to an end in accordance with— (a) terms 85 to 92 (withdrawal), or (b) section 115, 117, or 119 of the Rented Homes Act 2006 (exclusion). (3) The second condition is that— (a) the accommodation comprised in the premises is more extensive than is reasonably required by the remaining contract-holder (or contract-holders), or (b) where the landlord is a community landlord, the remaining contractholder does not (or the remaining contract-holders do not) meet the landlord’s criteria for the allocation of housing accommodation. D R A F T 19
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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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10.28 Where the landlord is a judic
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11.5 Where a landlord reasonably ex
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11.12 The contract-holder has the r
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This means Part X of the Housing Ac
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Renting Homes: The Final Report - Law Commission

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