Renting Homes: The Final Report - Law Commission

2.6 Secondly, we do not recommend the conversion of agricultural occupancies
protected by the Rent (Agriculture) Act 1976, the agricultural equivalent of the
Rent Act 1977. In addition, we have not attempted to include the “agricultural
occupancies” regime set out in the Housing Act 1988, part 1, chapter 3 (the
equivalent of the general assured tenancy regime). The status of these
occupancies is particularly complex as their tenure scheme is linked with the
regulation of agricultural wages. We recommend that the current law should be
the subject of a special review by a body with particular expertise in this area.
WRITTEN STATEMENT OF THE CONTRACT
2.7 Landlords are required to provide the occupier (known in the Bill as the “contractholder”)
with a written statement of the contract. Model contracts are prescribed,
which will be readily and cheaply available. Parties can complete them simply by
filling in the front page. Assuming that the terms relating to key matters are in
plain intelligible language, the model contracts will not be subject to the unfair
terms regulations. 4
2.8 Landlords are not required to use the relevant model contract. If they choose not
to, the fundamental terms and any supplementary terms which incorporate
supplementary provisions without modification will still not be subject to the unfair
terms regulations. 5
2.9 Landlords who do not provide the written statement are subject to proportionate
(non-criminal) sanctions: financial and procedural. 6
TERMS OF THE CONTRACT
2.10 Occupation contracts contain four classes of term:
(1) terms relating to key matters;
(2) fundamental terms;
(3) supplementary terms; and
(4) additional terms.
Terms relating to key matters
2.11 The key matters are those which go to the heart of the occupation contract. They
include the name and address of the property and the amount of the rent. As they
are unique to each contract, they cannot be statutorily prescribed, though the Bill
defines the key matters that must appear in the contract. 7
4 This term is defined in para 1.36 above.
5
Cls 13 and 23(1) and the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999
No 2083).
6 These are discussed in detail at paras 3.55 and 3.56. We do not think use of the criminal
law is appropriate in this context. The criminal sanctions in the current law are, in any
event, rarely used in practice.
7 Cl 27.
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