SCHEDULE 1OVERVIEW OF FUNDAMENTAL PROVISIONS INCORPORATED AS TERMS OF OCCUPATION CONTRACTS
PART 1SECURE CONTRACTS
FUNDAMENTAL PROVISION | NATURE OF PROVISION | NOTES |
|---|---|---|
Section 31 | Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract | |
Sections 39 and 40 | L must provide C-H with L’s name and address and other information | |
Section 41 | Notices and documents must be in writing | |
Sections 43 and 45 | Payment of deposits etc. and requirement that L uses authorised deposit scheme | Section 45 must be incorporated without modification. |
Section 49 | C-H may, with L’s consent, add joint C-H | |
Section 52 | Rights of joint C-H where another joint C-H dies or otherwise leaves contract | Must be incorporated without modification. |
Section 54 | L must not interfere with C-H’s right to occupy the dwelling | |
Section 55 | Anti-social behaviour and other prohibited conduct | Must be incorporated without modification. |
Section 57 | C-H may only deal with the occupation contract in limited ways | |
Section 88 | C-H may set off compensation L is liable to pay under section 87 against C-H’s rent | |
Sections 91 to 93 and 95 to 99 | L’s obligations to keep the dwelling in good state of repair etc. | |
Sections 103 to 109 | When and how contract may be varied | Sections 103(1)(b) and (2) and 108 must be incorporated without modification. Section 104 applies only to contracts under which rent is payable, and section 105 applies only to contracts under which consideration other than rent is payable. |
Section 111 | Withdrawal of joint C-H | |
Section 113 | C-H may have lodgers | |
Section 114 | C-H may transfer contract to potential successors | |
Section 118 | C-H’s right to transfer to other secure C-Hs | Only applies where L is a community landlord. |
Sections 148 to 150 | General provision about termination of contract | Sections 148 and 149 must be incorporated without modification. |
Sections 152 to 155 | Termination without possession claim | Section 155 (death of C-H) must be incorporated without modification. |
Sections 157 to 159 | Termination by L on ground of breach of contract | Section 158 (false statement inducing L to make contract) must be incorporated without modification. |
Sections 160 and 161 and Part 1 of Schedule 8 | Termination by L on an estate management ground | |
Sections 163 to 167 | Termination by notice given by C-H | |
Section 206 | Effect of order for possession | |
Section 231 | Termination of contract which has joint C-Hs |
PART 2PERIODIC STANDARD CONTRACTS
FUNDAMENTAL PROVISION | NATURE OF PROVISION | NOTES |
|---|---|---|
Section 31 | Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract | |
Sections 39 and 40 | L must provide C-H with L’s name and address and other information | |
Section 41 | Notices and documents must be in writing | |
Sections 43 and 45 | Payment of deposits etc. and requirement that L uses authorised deposit scheme | Section 45 must be incorporated without modification. |
Section 49 | C-H may, with L’s consent, add joint C-H | |
Section 52 | Rights of joint C-H where another joint C-H dies or otherwise leaves contract | Must be incorporated without modification. |
Section 54 | L must not interfere with C-H’s right to occupy the dwelling | |
Section 55 | Anti-social behaviour and other prohibited conduct | Must be incorporated without modification. |
Section 57 | C-H may only deal with the occupation contract in limited ways | |
Section 88 | C-H may set off compensation L is liable to pay under section 87 against C-H’s rent | |
Sections 91 to 93 and 95 to 99 | L’s obligations to keep dwelling in good state of repair etc. | |
Sections 122 to 128 | When and how contract may be varied | Sections 122(1)(a) and (2) and 127 must be incorporated without modification. Section 123 applies only to contracts under which rent is payable, and section 124 applies only to contracts under which consideration other than rent is payable. Sections 125(1)(b) and 126 are not incorporated into contracts that do not incorporate section 173 (L’s notice). |
Section 130 | Withdrawal of joint C-H | |
Section 145 | L’s right to temporarily exclude C-H from supported accommodation | Applies only to supported standard contracts (see section 143). |
Sections 148 to 150 | General provision about termination of contract | Sections 148 and 149 must be incorporated without modification. |
Section 151 | Further provision about notices requiring contract-holder to give up possession | Applies only to introductory standard contracts and prohibited conduct standard contracts. |
Sections 152 to 155 | Termination without possession claim | Section 155 (death of C-H) must be incorporated without modification. |
Sections 157 to 159 | Termination by L on ground of breach of contract | Section 158 (false statement inducing L to make contract) must be incorporated without modification. |
Sections 160 and 161 and Part 1 of Schedule 8 | Termination by L on an estate management ground | |
Sections 168 to 172 | Termination by notice given by C-H | |
Sections 173 to 180 | Termination by notice given by L | If section 173 is not incorporated, sections 125(1)(b), 126, 175 and 176 do not apply. Section 175 also does not apply to a contract that is within Schedule 9. If a contract incorporates section 173 and is not within Schedule 9, section 175 must be incorporated without modification. If a contract incorporates section 173, section 176 must be incorporated without modification. |
Sections 181 and 182 | Termination by L on serious rent arrears ground | In section 182, subsection (2) is not applicable to introductory standard contracts and prohibited conduct standard contracts, and subsection (3) is applicable only to such contracts. |
Section 183 | Possession claims where contract has arisen at end of a fixed term standard contract | Only applies to a contract that has arisen at end of a fixed term standard contract (see section 184(2)). |
Section 206 | Effect of order for possession | |
Section 231 | Termination of contract which has joint C-Hs | |
Paragraph 7 of Schedule 4 | Variation of secure contract addressed in written statement of introductory standard contract | Only applies to introductory standard contracts where the written statement addresses the secure contract that may arise at the end of the introductory period, in accordance with paragraph 6(2) of Schedule 4. |
PART 3FIXED TERM STANDARD CONTRACTS
FUNDAMENTAL PROVISION | NATURE OF PROVISION | NOTES |
|---|---|---|
Section 31 | Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract | |
Sections 39 and 40 | L must provide C-H with L’s name and address and other information | |
Section 41 | Notices and documents must be in writing | |
Sections 43 and 45 | Payment of deposits etc. and requirement that L uses authorised deposit scheme | Section 45 must be incorporated without modification. |
Section 49 | C-H may, with L’s consent, add joint C-H | |
Section 52 | Rights of joint C-H where another joint C-H dies or otherwise leaves contract | Must be incorporated without modification. |
Section 54 | L must not interfere with C-H’s right to occupy the dwelling | |
Section 55 | Anti-social behaviour and other prohibited conduct | Must be incorporated without modification. |
Section 57 | C-H may only deal with the occupation contract in limited ways | |
Section 88 | C-H may set off compensation L is liable to pay under section 87 against C-H’s rent | |
Sections 91 to 93 and 95 to 99 | L’s obligations to keep dwelling in good state of repair etc. | Not applicable to fixed term standard contracts made for a term of seven years or more. |
Sections 134 to 136 | When and how contract may be varied | Sections 134(1)(b) and (2) and 135 must be incorporated without modification. Section 135(2)(k) applies only if contract has a contract-holder’s break clause (see section 189). |
Section 145 | L’s right to temporarily exclude C-H from supported accommodation | Only applies to supported standard contracts (see section 143). |
Sections 148 to 150 | General provision about termination of contract | Sections 148 and 149 must be incorporated without modification. |
Sections 152 to 155 | Termination without possession claim | Section 155 (death of C-H) must be incorporated without modification (but not into fixed term standard contracts that contain the provision mentioned in section 139(1)). |
Sections 157 to 159 | Termination by L on ground of breach of contract | Section 158 (false statement inducing L to make contract) must be incorporated without modification. |
Sections 160 and 161 and Part 1 of Schedule 8 | Termination by L on an estate management ground | |
Section 186 | Termination by notice given by L in connection with the end of the term of the contract | Subsections (2) and (4) of section 186 do not apply to a contract which does not incorporate subsection (1), or a contract that is within Schedule 9. If a contract incorporates subsection (1) and is not within Schedule 9, subsections (2) and (4) must be incorporated without modification. |
Sections 187 and 188 | Termination by L on serious rent arrears ground | |
Sections 190 to 193 | Termination by notice given by C-H under contract-holder’s break clause | Only apply if contract has a contract-holder’s break clause. |
Sections 195 to 201 | Termination by notice given by L under landlord’s break clause | Only apply if contract has a landlord’s break clause. Section 196 also does not apply to a contract within Schedule 9. If a contract has a landlord’s break clause and is not within Schedule 9, section 196 must be incorporated without modification. If contract has a landlord’s break clause, section 196 (breach of deposit rules) must be incorporated without modification. |
Section 206 | Effect of order for possession | |
Section 231 | Termination of contract which has joint C-Hs |