PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS
CHAPTER 2PROVISION OF INFORMATION
Written statement of contract
38Incorrect statement: landlord’s application to court for declaration that contract is a standard contract
1
This section applies if the landlord under an occupation contract is a community landlord and has given the contract-holder—
a
a notice under section 13 (notice of standard contract), but
b
a written statement of the contract that is consistent with a secure contract.
2
The landlord may apply to the court for a declaration that the contract is a standard contract.
3
The court may not make the declaration if it is satisfied that, at the time the landlord gave the written statement to the contract-holder, it was the intention of the landlord that the contract should be a secure contract.
4
If the court makes the declaration each fundamental and supplementary provision applicable to the contract is incorporated as a term of the contract without modification, unless the contract-holder claims it was not incorporated or was incorporated with modifications.
5
If the contract-holder makes a claim of a kind mentioned in subsection (4), the court must determine that claim.
6
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 corrected written statement of the contract.