Renting Homes: The Final Report - Law Commission

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Possession claim – time restrictions 77 Forfeiture, notice to quit and re-entry 78 Estate management grounds 78 Introduction 78 <strong>The</strong> estate management grounds 80 Joint contracts – termination 82 Termination by the joint contract-holder 82 Secure and periodic standard contracts 83 Fixed term standard contracts 83 Termination by the landlord 84 Prohibited conduct 85 Exclusion by another joint contract-holder 86 PART 5: POWERS OF THE COURT 88 Introduction 88 Possession claims 88 <strong>The</strong> possession notice 89 Deemed possession claims 89 Possession orders 89 Special conditions 90 Breach of contract 90 Estate management grounds 91 Contract-holder’s notice 91 Landlord’s notice 91 Landlord’s notice in connection with end of fixed term 92 Serious rent arrears 92 Powers of the court 93 Discretionary grounds 93 Mandatory grounds 93 6
Deception 93 Persons with “home rights” 94 Structured discretion 94 Relevant circumstances 95 General relevant circumstances 95 Relevant circumstances regarding the contract-holder 95 Relevant circumstances regarding the landlord 96 Circumstances regarding other persons 96 Special cases 96 Rent arrears cases 97 Abolition of distress for rent 97 Pilot schemes 97 PART 6: DEALING 99 Introduction 99 Adding a contract-holder to the contract 99 Dealing 100 Impact on the landlord 100 Permitting a person to occupy as a lodger 100 Creating a sub-occupation contract 101 Failure to comply with conditions 103 Termination of head contract 104 Extended possession order 105 Exclusion of contract-holder 106 Excluded contract-holder’s remedies 107 Transferring the contract 108 Transfer to potential successor 108 Transfer to another secure contract-holder — exchanges 109 Transfer of fixed term standard contracts 110 7
Page 1 and 2: The Law Commission (LAW COM No 297)
Page 3 and 4: THE LAW COMMISSION RENTING HOMES: T
Page 5 and 6: Obtaining a contract by deception 3
Page 7: Fundamental provisions applying to
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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