SCHEDULE 1OVERVIEW OF FUNDAMENTAL PROVISIONS INCORPORATED AS TERMS OF OCCUPATION CONTRACTS

PART 1SECURE CONTRACTS

TABLE 3

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