Renting Homes: The Final Report - Law Commission

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Use of occupation contracts 48 Community landlords 49 Application in Wales 49 Ability of community landlords to make standard contracts 50 Conversion of standard contracts to secure contracts 51 Private landlords 52 <strong>The</strong> written statement of the contract 52 Content of occupation contracts 52 Key matters 53 Fundamental terms 54 Supplementary terms 55 Additional terms 55 Model contracts 55 Contents of model contracts 56 Landlords’ own contracts 57 Enforcement 57 Procedural sanction 58 Modifying and varying the contract 58 Modification 58 Variation 59 Secure contracts 59 Standard contracts 60 Variation by Act of Parliament 61 Enforcement 61 Conversion of existing tenancies and licences to occupation contracts 61 PART 4: TERMINATION OF OCCUPATION CONTRACTS 63 Introduction 63 General rules 63 4
Fundamental provisions applying to all occupation contracts 63 Termination before the effective date 64 Termination on or after the effective date 64 Joint contract-holders 64 Agreement 65 Repudiation by the landlord 65 Death of the contract-holder 65 Fundamental provisions applying to secure and periodic standard contracts 67 Contract-holder’s notice 67 Other provisions 69 Death of the landlord 69 Expiry of fixed term 69 Surrender and transfer 70 Rescission and frustration 70 Abandonment 70 Securing the premises 71 Recovery of possession 71 Termination by the landlord 73 Fundamental provisions relating to all contracts 73 Discretionary grounds 73 Mandatory ground 74 Procedure – the possession notice 74 <strong>The</strong> possession claim 74 Effect of possession order 75 Removing the tolerated trespasser 75 Fundamental provisions relating only to standard contracts 76 Landlord’s notice 76 Mandatory grounds 77 5
Page 1 and 2: The Law Commission (LAW COM No 297)
Page 3 and 4: THE LAW COMMISSION RENTING HOMES: T
Page 5: Obtaining a contract by deception 3
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
Page 55 and 56: (3) supplementary terms; 84 and (4)
Page 57 and 58:
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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