Renting Homes: The Final Report - Law Commission

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1.83 As regards the right to manage, we repeat the recommendations we made in Renting Homes: 38 (1) the existing right to manage should be retained for local authority secure contract-holders; (2) the appropriate authority should have power to bring defined registered social landlord housing within the right to manage, as if the landlord were a local authority; (3) that registered social landlords could voluntarily opt-in to the right to manage; and (4) that the appropriate authority be given a broad power to either create a single scheme for both local authorities and registered social landlords; or to create different schemes for each. 1.84 What this Report, and the draft Bill do is show how our recommendations can be translated into practical reality, which will benefit landlords and occupiers, by making the rules regulating their relationship much clearer, and benefit the Government by creating a robust but much more flexible legal framework within which to develop their housing policies. 38 (2003) Law Com No 284. 28
PART 2 THE SCHEME IN OUTLINE 2.1 In outline the scheme provides as follows. 1 COVERAGE 2.2 Unless otherwise excluded, 2 all contracts to occupy premises for residential purposes come within the scheme. CONTRACT TYPES 2.3 There are two types of occupation contract: (1) the secure contract, modelled on the present secure tenancy, giving substantial security of tenure protected by statute; and (2) the standard contract, modelled on the present assured shorthold tenancy, where the duration of the occupation is determined by the contract. Community landlords will be required to enter into secure contracts, except where the Bill allows them to enter into standard contracts (for example as probationary contracts, or following a court order after the anti-social behaviour term has been breached). 2.4 Conversion of existing tenancies and licences to occupation contracts Existing tenancy agreements and licences are converted into either secure or standard contracts. This is necessary to prevent the ever-increasing accumulation of different types of tenancy which happened in the past. Further detail on conversion is set out in Part 3. Exceptions 2.5 There are two exceptions. First, following public consultation, we do not recommend automatic conversion of agreements still protected by the Rent Act 1977 (protected and statutory tenancies). Their conversion to secure contracts would be logical. But there is considerable resistance to the idea from the tenants who would be most affected. Nevertheless, we include a power enabling the appropriate authority to bring this group into the new scheme. 3 1 In Renting Homes (2003) Law Com No 284, the scheme in outline, and the scope of the scheme, were discussed in Parts 3 and 6 respectively. 2 See below, at paras 2.56 to 2.62. 3 Cl 221. The appropriate authority is defined in cl 228 as the National Assembly for Wales, in relation to Wales, and in any other case the Secretary of State. 29
Page 1 and 2: The Law Commission (LAW COM No 297)
Page 3 and 4: THE LAW COMMISSION RENTING HOMES: T
Page 5 and 6: Obtaining a contract by deception 3
Page 7 and 8: Fundamental provisions applying to
Page 9 and 10: Deception 93 Persons with “home r
Page 11 and 12: Limits 128 Access 129 Parties to pr
Page 13 and 14: THE LAW COMMISSION RENTING HOMES: T
Page 15 and 16: (4) such other aspects of Housing L
Page 17 and 18: Flexibility 1.17 Finally, and most
Page 19 and 20: 1.26 At present, many landlords do
Page 21 and 22: 1.37 There is also power to define
Page 23 and 24: 1.47 We have heard it suggested tha
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Page 29: (1) the creation of model contracts
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Page 35 and 36: 2.24 While consent must not be unre
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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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10.28 Where the landlord is a judic
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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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