Renting Homes: The Final Report - Law Commission

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(1) the contract ends on the day the contract-holder gives up possession of the premises; 29 or (2) if the case goes to court, and the court makes a possession order, the contract ends on the date determined in accordance with clause 154 (see paragraph 4.56 below). 4.26 If the contract-holder withdraws the notice before the contract comes to an end, and the landlord does not object in writing before the end of a reasonable period, the contract continues to have effect. 30 4.27 In order to recover possession from a contract-holder who does not move out, the landlord is able to make a claim to the court for recovery of possession. 31 If the ground is made out, the court must order possession. 32 Before starting proceedings, the landlord must give a possession notice to the contract-holder which specifies this ground for possession. 33 The landlord can start the actual claim proceedings on the same day. 34 4.28 On the “use it or lose it” principle, it is specifically provided that a landlord cannot make a claim for possession more than six months after the date on which the possession notice has been given. 35 In addition, a landlord cannot give a possession notice specifying the contract-holder’s notice ground more than two months after the date specified in the contract-holder’s notice as the date on which the contract-holder would give up possession of the premises. 36 FIXED TERM STANDARD CONTRACTS 4.29 A contract-holder under a fixed term standard contract does not have a statutory right to terminate the contract. Such a contract may contain a term which enables the contract-holder to terminate the contract before the end of the fixed term (a “contract-holder’s break clause”). Where such a term exists, the contract-holder may give a notice in writing in accordance with this term. Again a landlord cannot give a possession notice more than two months after the date specified in the contract-holder’s notice as the date on which the contract-holder would give up possession of the premises. 37 29 Cl 170(2)(a). 30 Cl 170(3). 31 Cl 168(1) 32 Cl 168(2). 33 Cl 169(1). 34 Cl 169(2). 35 Cl 169(3). 36 Cl 169(4). 37 This is the result of the interaction of cls 171(2) and 169(4). 68
Other provisions Death of the landlord 4.30 In general we have sought to ensure that our scheme applies to all occupation contracts, irrespective of whether they are tenancies or licences. Nonetheless, the lease-licence distinction remains important in a number of circumstances. The death of a landlord is one of them. 4.31 Where a landlord dies, the obligations under any occupation contracts, which are legally tenancies, transfer to those entitled under the landlord’s estate under the normal principles of the law of succession. For the avoidance of doubt, the Bill specifically provides that where the contract is a licence, the licence comes to an end on the death of the landlord. 38 Expiry of fixed term 4.32 It has long been the policy of the Rent Act and Housing Acts that when a fixed term tenancy ends, it is transformed by operation of statute into a statutory periodic tenancy, unless a new fixed term has been agreed and taken effect. This is a sensible policy, as it reflects most people’s expectations of what should happen on the expiry of the fixed term. We have retained this principle in the present Bill, adapted to fit the scheme we recommend. 4.33 On expiry of the fixed term, the following possibilities are contemplated. (1) The landlord and contract-holder may agree to enter into a new contract relating to the premises (or substantially the same premises), which follows on the expiry of the old contract. 39 (2) If there is no such agreement, the landlord and contract-holder are deemed to have entered a new periodic standard contract in relation to the premises. It follows on immediately from the expiry of the fixed term contract. The rental period is the same as that for which rent was paid under the fixed term contract. All the fundamental and supplementary provisions applicable to a periodic standard contract are incorporated without modification. Subject to these points, the terms of the new contract are the same as those under the fixed term contract. 40 4.34 In order to protect the position of the contract-holder, the Bill provides that if, before the new occupation contract comes into effect, the contract-holder enters an obligation to do something that will cause the new contract to come to an end, the obligation is unenforceable. Similarly if the contract-holder gives notice or any other document which would cause the new contract to come to an end, the notice or document are to be of no effect. 41 38 Cl 164. 39 Cl 165(6). 40 Cls 165(1) to (5). 41 Cl 165(7). 69
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The Law Commission (LAW COM No 297)
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THE LAW COMMISSION RENTING HOMES: T
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Obtaining a contract by deception 3
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Fundamental provisions applying to
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Deception 93 Persons with “home r
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Limits 128 Access 129 Parties to pr
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THE LAW COMMISSION RENTING HOMES: T
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(4) such other aspects of Housing L
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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
Page 59 and 60: Landlords’ own contracts 3.54 The
Page 61 and 62: Variation 3.58 In addition the Bill
Page 63 and 64: 3.70 Where a fixed term standard co
Page 65 and 66: PART 4 TERMINATION OF OCCUPATION CO
Page 67 and 68: 4.11 However, reaching this result
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Page 77 and 78: 4.53 In accordance with the “use
Page 79 and 80: 4.62 If the landlord has given a no
Page 81 and 82: 4.70 For social landlords and other
Page 83 and 84: (2) ground B applies where the prem
Page 85 and 86: Secure and periodic standard contra
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Page 89 and 90: 4.102 At the end of the four week p
Page 91 and 92: The possession notice 5.6 The court
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Page 97 and 98: Relevant circumstances 5.35 The key
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Page 101 and 102: PART 6 DEALING INTRODUCTION 6.1 We
Page 103 and 104: 6.10 It is a fundamental term in ev
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Page 107 and 108: 6.24 The policy objective is to ens
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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: The Final Report - Law Commission

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