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.