PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS
CHAPTER 10COMPENSATION
I187Compensation for failures relating to provision of written statements etc.
1
The following sections set out the circumstances in which a landlord may be liable to pay compensation under this section—
a
section 35 (failure to provide a written statement under section 31);
b
section 36 (providing an incomplete written statement);
c
section 37 (providing an incorrect written statement);
d
section 40 (failure to provide information under section 39);
e
section 110 (failure to provide written statement of variation of secure contract);
f
section 129 (failure to provide written statement of variation of periodic standard contract);
g
section 137 (failure to provide written statement of variation of fixed term standard contract).
2
Where the landlord under an occupation contract is liable to pay compensation to the contract-holder under this section, the amount of compensation payable in respect of a particular day is equivalent to the amount of rent payable under the contract in respect of that day.
3
If the contract provides for rent to be paid in respect of periods other than a day, the amount of rent payable in respect of a single day is the appropriate proportion of the rent payable in respect of the period in which that day falls.
4
If compensation is payable because of section 35, 110, 129 or 137 (failure to provide statement), the contract-holder may apply to the court for an order increasing the amount of the compensation on the ground that the landlord's failure to provide a written statement was intentional.
5
If compensation is payable because of section 36 or 37 (incomplete or incorrect statement), the contract-holder may apply to the court for an order increasing the amount of the compensation.
6
On an application under subsection (4) or (5) the court may increase the amount of the compensation payable in respect of a particular day by such percentage, not exceeding 100 per cent, as it thinks fit.