PART 2OCCUPATION CONTRACTS AND LANDLORDS
CHAPTER 3FUNDAMENTAL PROVISIONS OF OCCUPATION CONTRACTS
20Incorporation and modification of fundamental provisions
1
A fundamental provision is not incorporated as a term of an occupation contract if—
a
the landlord and the contract-holder agree that it should not be incorporated, and
b
in the contract-holder’s opinion, the effect of its not being incorporated is that the position of the contract-holder is improved.
2
A fundamental provision is incorporated as a term of an occupation contract with modifications if—
a
the landlord and the contract-holder agree that it should be incorporated with those modifications, and
b
in the contract-holder’s opinion, the effect of its being incorporated with those modifications is that the position of the contract-holder is improved.
3
Subsections (1) and (2) do not apply to the following fundamental provisions—
a
section 45 (requirement to use deposit scheme),
b
section 52 (joint contract-holder ceasing to be a party to the occupation contract),
c
section 55 (anti-social behaviour and other prohibited conduct),
d
sections 103(1)(b) and (2) and 108 (variation of secure contracts),
e
sections 122(1)(b) and (2) and 127 (variation of periodic standard contracts),
f
section 134(1)(b) and (2) and 135 (variation of fixed term standard contracts),
g
section 148 (permissible termination),
h
section 149 (possession claims),
i
section 155 (death of sole contract-holder),
j
section 158 (securing contract by use of false statement),
k
section 175 (restriction on giving landlord’s notice under a periodic standard contract during first four months of occupation),
l
section 177 (breach of deposit requirements: periodic standard contracts),
m
section 186(2) and (4) (restriction on ending fixed term standard contract during first six months of occupation),
n
section 196 (restriction on use of landlord’s break clause in a fixed term standard contract during first four months of occupation),
o
section 198 (breach of deposit requirements: fixed term standard contracts with landlord’s break clause), and
p
paragraph 7 of Schedule 4 (variation of secure contract addressed in written statement of introductory standard contract).
4
Subsections (1) and (2) are subject to section 34 (landlord’s failure to provide written statement of contract) and section 36 (incomplete statement of contract).