Renting Homes: The Final Report - Law Commission

2.24 While consent must not be unreasonably withheld, it can be given subject to
conditions. Here we recommend one important change to the current law. Our
scheme gives the landlord power to impose as a condition of giving consent that
a contract-holder should forego the right to succeed that would otherwise arise on
the death of the contract-holder. 18
2.25 The landlord is not required to agree to any request that is not made in writing.
Where a request is made in writing, we think the landlord should respond to a
request within a reasonable time. If the landlord fails to respond in writing within a
defined time period, consent is deemed to have been given without conditions. 19
Details of these provisions are set out in Part 6.
Sub-letting and transfers
2.26 The scheme also provides means enabling those who wish to do so to enter into
sub-occupation contracts or to transfer their contracts to another. These
provisions, discussed under the general heading of “dealing”, also seek to
rationalise and clarify the present law, while protecting landlords from unwittingly
being required to assume responsibilities that are not appropriate. The details are
discussed in Part 6.
Leaving the agreement
2.27 Where a joint tenant wishes to leave the agreement, the present law is, in our
view, extremely unsatisfactory. We recommend significant changes which are
outlined below at paragraphs 2.44 to 2.46. The details are considered in Part 4.
OBLIGATIONS UNDER THE CONTRACT
Repairing obligations
2.28 The Landlord and Tenant Act 1985 section 11 currently imposes obligations on
the landlord to keep in repair certain essential matters relating to the structure of
and facilities within the premises and/or common parts. We have modernised the
language of these provisions, while adapting them to meet the requirements of
the scheme. In addition, we recommend incorporation of recommendations made
in the Law Commission report Landlord and Tenant: Responsibility for State and
Condition of Property, 20 amended to take account of the enactment of the
Housing Act 2004.
2.29 We also make clear that, in addition to the contract-holder(s), other “permitted
occupiers” have the right to take proceedings for breach of these terms of the
contract. 21 Full details of the landlord’s repairing obligations are set out in Part 8.
18 This is discussed in more detail at paras 6.72 to 6.76 below.
19 Cl 74(8). We are not making special provision for cases where the contract-holder says
they have written to ask permission and the landlord denies receiving the written request.
We think that in the rare cases where this becomes a problem it should be dealt with as a
matter of evidence and proof.
20
(1996) Law Com No 238. Even if the Government fully implements the renting homes
recommendations, this would not involve the full implementation of the recommendations
set out in Responsibility for State and Condition of Property (1996) Law Com No 238.
21 Cl 229(5).
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