PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS
CHAPTER 2PROVISION OF INFORMATION
Written statement of contract
36Incomplete statement
1
If the landlord under an occupation contract provides a written statement of the contract that is incomplete, the contract-holder may apply to the court for a declaration as to the terms of the contract.
2
A written statement is incomplete if it does not include everything required to be included by section 32.
3
The contract-holder may not apply to the court under subsection (1) before the end of the period of 14 days starting—
a
if the landlord was required to provide a written statement under section 31(1), with the occupation date;
b
if the landlord was required to provide a written statement under section 31(2), with the day on which the landlord gave the new contract-holder the written statement;
c
if the landlord was required to provide a further written statement under section 31(4) to (6), with the first day of the period mentioned in section 31(6).
4
Subsection (5) applies if the written statement—
a
does not set out a fundamental provision applicable to the contract and does not contain a statement that the provision is not incorporated because of section 20(1) or 21(2), or
b
does not set out a supplementary provision applicable to the contract and does not contain a statement that the provision is not incorporated because of section 21(2), 24(1) or 25(2).
5
That provision is to be treated as incorporated as a term of the contract without modification unless—
a
section 21 or 25 applies in relation to it, or
b
the contract-holder claims it was not incorporated or was incorporated with modifications.
6
If the contract-holder makes a claim of a kind mentioned in subsection (5)(b) the court must determine that claim.
7
Subsection (6) does not apply if the omission of the provision or statement is attributable to an act or omission of the contract-holder.
8
The court may—
a
attach a written statement of the occupation contract to its declaration, or
b
order the landlord to give the contract-holder a written statement of the contract which is complete.
9
If the court is satisfied that the written statement is incomplete because of the intentional default of the landlord, it may order the landlord to pay the contract-holder compensation under section 87.
10
The compensation is payable in respect of the period, not exceeding two months, determined by the court; and the court may order the landlord to pay interest at such rate and calculated in such manner as it thinks fit.