Renting Homes: The Final Report - Law Commission

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Energy efficiency 24 Grants to bodies other than registered social landlords 24 Implementation in Wales 24 Regulatory impact 26 Outline of the report and Bill 27 PART 2: THE SCHEME IN OUTLINE 29 Coverage 29 Contract types 29 Conversion of existing tenancies and licences to occupation contracts 29 Exceptions 29 Written statement of the contract 30 Terms of the contract 30 Terms relating to key matters 30 Fundamental terms 31 Supplementary terms 31 Additional terms 31 Modifying and varying the contract 31 Modification 31 Variation 32 Transactions relating to the contract 32 Lodgers 32 Adding a party to the contract 32 Sub-letting and transfers 33 Leaving the agreement 33 Obligations under the contract 33 Repairing obligations 33 Improvements 34 Prohibited behaviour 34 2
Obtaining a contract by deception 35 Uninterrupted occupation of the accommodation 35 Landlord’s name and address 35 Consultation on management matters 35 Terminating the contract 35 Possession notices 35 Grounds for possession 36 Termination by the contract-holder 36 Termination by joint contract-holders 36 Abandonment 37 Powers of the court 37 Death of the contract-holder 38 Joint contract-holders: survivorship 38 Succession 38 Excluded contracts 38 Contracts covered by other legislation 39 Contracts excluded on social policy grounds. 39 Other matters 40 Housing benefit 40 Rent regulation 40 PART 3: OCCUPATION CONTRACTS 41 Introduction 41 <strong>The</strong> occupation contract 42 Contract-holders aged 16 and 17 44 Exceptions 45 Types of occupation contract 47 Secure contracts 48 Standard contracts 48 3
Page 1 and 2: The Law Commission (LAW COM No 297)
Page 3: THE LAW COMMISSION RENTING HOMES: T
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
Page 25 and 26: CHANGES IN THE LEGISLATIVE CONTEXT
Page 27 and 28: 1.70 The position would be substant
Page 29 and 30: (1) the creation of model contracts
Page 31 and 32: PART 2 THE SCHEME IN OUTLINE 2.1 In
Page 33 and 34: Fundamental terms 2.12 Fundamental
Page 35 and 36: 2.24 While consent must not be unre
Page 37 and 38: Obtaining a contract by deception 2
Page 39 and 40: 2.45 We are aware that the current
Page 41 and 42: 2.57 Nevertheless, there have to be
Page 43 and 44: PART 3 OCCUPATION CONTRACTS INTRODU
Page 45 and 46: 3.9 A number of points about the de
Page 47 and 48: 3.12 To prevent abuse of this rule,
Page 49 and 50: (b) Where a local housing authority
Page 51 and 52: Community landlords 3.23 The starti
Page 53 and 54: (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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A.10 We also recommend that a speci
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(c) chapters 1 and 1A of part 5 of
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Renting Homes - periodic standard c
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Renting Homes - secure contract Thi
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Renting Homes - secure contract A.
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Renting Homes - secure contract C.
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Renting Homes - secure contract D.
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Renting Homes - secure contract 50.
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Renting Homes - secure contract F.
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Renting Homes - secure contract H.
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Renting Homes - secure contract 101
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Renting Homes - secure contract K.
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Renting Homes - secure contract Gro
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Renting Homes - secure contract For
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Renting Homes - secure contract D R
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Renting Homes: The Final Report - Law Commission

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