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

PART 1SECURE CONTRACTS

TABLE 3

FUNDAMENTAL PROVISIONNATURE OF PROVISIONNOTES
Section 31Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract
Sections 39 and 40L must provide C-H with L’s name and address and other information
Section 41Notices and documents must be in writing
Sections 43 and 45Payment of deposits etc. and requirement that L uses authorised deposit schemeSection 45 must be incorporated without modification.
Section 49C-H may, with L’s consent, add joint C-H
Section 52Rights of joint C-H where another joint C-H dies or otherwise leaves contractMust be incorporated without modification.
Section 54L must not interfere with C-H’s right to occupy the dwelling
Section 55Anti-social behaviour and other prohibited conductMust be incorporated without modification.
Section 57C-H may only deal with the occupation contract in limited ways
Section 88C-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 99L’s obligations to keep the dwelling in good state of repair etc.
Sections 103 to 109When and how contract may be variedSections 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 111Withdrawal of joint C-H
Section 113C-H may have lodgers
Section 114C-H may transfer contract to potential successors
Section 118C-H’s right to transfer to other secure C-HsOnly applies where L is a community landlord.
Sections 148 to 150General provision about termination of contractSections 148 and 149 must be incorporated without modification.
Sections 152 to 155Termination without possession claimSection 155 (death of C-H) must be incorporated without modification.
Sections 157 to 159Termination by L on ground of breach of contractSection 158 (false statement inducing L to make contract) must be incorporated without modification.
Sections 160 and 161 and Part 1 of Schedule 8Termination by L on an estate management ground
Sections 163 to 167Termination by notice given by C-H
Section 206Effect of order for possession
Section 231Termination of contract which has joint C-Hs