Renting Homes: The Final Report - Law Commission

3.31 The details relating to each of these situations vary, but in essence, they all
provide that, unless the community landlord takes positive steps to keep the
contract-holder on a standard contract on grounds specified in the Bill, they will
automatically move from a standard to a secure contract. The periods after which
this takes place have been chosen to reflect a reasonable period within which the
behaviour of the contract-holder can be assessed, at the end of which it is
reasonable to expect the relevant landlord to make up its mind.
Private landlords
3.32 Contracts made by private landlords will be standard contracts unless the
landlord gives a notice in writing that the contract is a secure contract. 77
3.33 A contract adopted by a private landlord continues to be of the same type as it
was before the contract was transferred to the landlord. 78
THE WRITTEN STATEMENT OF THE CONTRACT
3.34 Once made, the landlord must provide the occupier with a written statement of
the contract. There are two reasons for this.
(1) The whole point of the consumer protection approach is to ensure that
both parties have a document setting out their respective rights and
obligations.
(2) If the relationship breaks down and court or other dispute resolution
proceedings are in contemplation, the written statement is evidence of
what the parties agreed.
3.35 The written statement must be provided by the landlord no later than two weeks
from the date on which the contract-holder was entitled to take occupation of the
premises. 79 The contract-holder also has the right to ask for a further written
statement at any time. 80
Content of occupation contracts
3.36 Occupation contracts contain four classes of matters or terms: 81
(1) key matters; 82
(2) fundamental terms; 83
77 Cl 10(1).
78 Cls 10(2) and (3).
79 Cls 24(1) and 235.
80 Cl 24(3). The landlord may make a reasonable charge for providing a copy in response to
such a request: cl 24(4). The written statement must be provided within two weeks of the
date of the request or, where a charge is made, the date on which the contract-holder pays
the fee: cl 24(5).
81 Cl 25.
82 Cl 27.
83 As defined in cls 11 and 14 to 18.
52