Renting Homes: The Final Report - Law Commission

(3) supplementary terms; 84 and
(4) additional terms.
In order to be complete, a written statement of the contract must set out all of the
above as well as the names of the parties.
Key matters
3.37 The key matters are defined as: 85
(1) the premises;
(2) the effective date; 86
(3) the amount of rent or other consideration;
(4) the rental periods. 87
3.38 In the case of standard contracts, it is also a key matter whether the contract is
periodic or made for a fixed term. 88 Where the contract is for a fixed term, the key
matters include the period of the fixed term. 89 Where a standard contract
specifies periods during which the contract-holder is not entitled to occupy the
premises, the periods of non-occupation must also be set out as a key matter. 90
3.39 Key matters are exempt from challenge under the unfair terms regulations 91 ,
because they are “core terms” for the purposes of the Unfair Terms in Consumer
Contracts Regulations 1999 (in that they define the main subject matter or relate
to the adequacy of the price). 92
84 These may be prescribed by the appropriate authority: cl 21. If so, they are deemed
compliant with the unfair terms regulations (this term is defined in para 1.36 above): cl
23(1).
85 Cl 27(1).
86 The effective date is the date on which the contract-holder is entitled to begin occupying
the premises to which the contract relates: cl 235.
87
Rental period is the period in respect of which a rent payment falls to be made, eg a week
or a month: cl 238.
88 Cl 27(2)(a).
89 Cl 27(2)(b).
90 Cl 27(2)(c): the reason for this provision is explained at para 3.21. The ways in which this
term may be expressed are set out in cl 3(4).
91 This term is defined in para 1.36 above.
92
See the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083) reg
6(2).
53