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(introduced by section 4)

SCHEDULE 1E+WOVERVIEW OF FUNDAMENTAL PROVISIONS INCORPORATED AS TERMS OF OCCUPATION CONTRACTS

PART 1E+WSECURE CONTRACTS

Commencement Information

I1Sch. 1 Pt. 1 in force at 1.12.2022 by S.I. 2022/906, art. 2

TABLE 3

FUNDAMENTAL PROVISIONNATURE OF PROVISIONNOTES
Section 31Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract
Sections 39 and 40L must provide C-H with L's name and address and other information
Section 41Notices and documents must be in writing
Sections 43 and 45Payment of deposits etc. and requirement that L uses authorised deposit schemeSection 45 must be incorporated without modification.
Section 49C-H may, with L's consent, add joint C-H
Section 52Rights of joint C-H where another joint C-H dies or otherwise leaves contractMust be incorporated without modification.
Section 54L must not interfere with C-H's right to occupy the dwelling
Section 55Anti-social behaviour and other prohibited conductMust be incorporated without modification.
Section 57C-H may only deal with the occupation contract in limited ways
Section 88C-H may set off compensation L is liable to pay under section 87 against C-H's rent
Sections 91 to 93 and 95 to 99L's obligations to keep the dwelling in good state of repair etc.
Sections 103 to 109When and how contract may be variedSections 103(1)(b) and (2) and 108 must be incorporated without modification. Section 104 applies only to contracts under which rent is payable [F1and which are not housing association tenancies (as to which, see section 93 of the Rent Act 1977 (c. 42))], and section 105 applies only to contracts under which consideration other than rent is payable.
Section 111Withdrawal of joint C-H
Section 113C-H may have lodgers
Section 114C-H may transfer contract to potential successors
Section 118C-H's right to transfer to other secure C-HsOnly applies where L is a community landlord.
Sections 148 to 150General provision about termination of contractSections 148 and 149 must be incorporated without modification.
Sections 152 to 155Termination without possession claimSection 155 (death of C-H) must be incorporated without modification.
Sections 157 to 159Termination by L on ground of breach of contractSection 158 (false statement inducing L to make contract) must be incorporated without modification.
Sections 160 and 161 and Part 1 of Schedule 8Termination by L on an estate management ground
Sections 163 to 167Termination by notice given by C-H
Section 206Effect of order for possession
Section 231Termination of contract which has joint C-Hs

Textual Amendments

PART 2E+WPERIODIC STANDARD CONTRACTS

Commencement Information

I2Sch. 1 Pt. 2 in force at 1.12.2022 by S.I. 2022/906, art. 2

TABLE 4

FUNDAMENTAL PROVISIONNATURE OF PROVISIONNOTES
Section 31Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract
Sections 39 and 40L must provide C-H with L's name and address and other information
Section 41Notices and documents must be in writing
Sections 43 and 45Payment of deposits etc. and requirement that L uses authorised deposit schemeSection 45 must be incorporated without modification.
Section 49C-H may, with L's consent, add joint C-H
Section 52Rights of joint C-H where another joint C-H dies or otherwise leaves contractMust be incorporated without modification.
Section 54L must not interfere with C-H's right to occupy the dwelling
Section 55Anti-social behaviour and other prohibited conductMust be incorporated without modification.
Section 57C-H may only deal with the occupation contract in limited ways
Section 88C-H may set off compensation L is liable to pay under section 87 against C-H's rent
Sections 91 to 93 and 95 to 99L's obligations to keep dwelling in good state of repair etc.
Sections 122 to 128When and how contract may be variedSections [F2122(1)(b)] and (2) and 127 must be incorporated without modification. Section 123 applies only to contracts under which rent is payable [F3and which are not housing association tenancies (as to which, see section 93 of the Rent Act 1977 (c. 42))], and section 124 applies only to contracts under which consideration other than rent is payable. F4...
Section 130Withdrawal of joint C-H
Section 145L's right to temporarily exclude C-H from supported accommodationApplies only to supported standard contracts (see section 143).
Sections 148 to 150General provision about termination of contractSections 148 and 149 must be incorporated without modification.
Section 151Further provision about notices requiring contract-holder to give up possessionApplies only to introductory standard contracts and prohibited conduct standard contracts.
Sections 152 to 155Termination without possession claimSection 155 (death of C-H) must be incorporated without modification.
Sections 157 to 159Termination by L on ground of breach of contractSection 158 (false statement inducing L to make contract) must be incorporated without modification.
Sections 160 and 161 and Part 1 of Schedule 8Termination by L on an estate management ground
Sections 168 to 172Termination by notice given by C-H
[F5Sections 173 to 175 and 177 to 180, and Part 1 of Schedule 9A]Termination by notice given by L [F6If section 173 is not incorporated, sections 174 to 177A and Schedule 9A do not apply; but if a contract incorporates section 173, Part 1 of Schedule 9A must be incorporated without modification. Section 174A applies instead of section 174 to a contract that is within Schedule 8A, and section 175 does not apply to a contract that is within Schedule 9 (even if section 173 is incorporated).]
Sections 181 and 182Termination by L on serious rent arrears groundIn section 182, subsection (2) is not applicable to introductory standard contracts and prohibited conduct standard contracts, and subsection (3) is applicable only to such contracts.
Section 183Possession claims where contract has arisen at end of a fixed term standard contractOnly applies to a contract that has arisen at end of a fixed term standard contract (see section 184(2)).
Section 206Effect of order for possession
Section 231Termination of contract which has joint C-Hs
Paragraph 7 of Schedule 4Variation of secure contract addressed in written statement of introductory standard contractOnly applies to introductory standard contracts where the written statement addresses the secure contract that may arise at the end of the introductory period, in accordance with paragraph 6(2) of Schedule 4.

Textual Amendments

PART 3E+WFIXED TERM STANDARD CONTRACTS

Commencement Information

I3Sch. 1 Pt. 3 in force at 1.12.2022 by S.I. 2022/906, art. 2

TABLE 5

FUNDAMENTAL PROVISIONNATURE OF PROVISIONNOTES
Section 31Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract
Sections 39 and 40L must provide C-H with L's name and address and other information
Section 41Notices and documents must be in writing
Sections 43 and 45Payment of deposits etc. and requirement that L uses authorised deposit schemeSection 45 must be incorporated without modification.
Section 49C-H may, with L's consent, add joint C-H
Section 52Rights of joint C-H where another joint C-H dies or otherwise leaves contractMust be incorporated without modification.
Section 54L must not interfere with C-H's right to occupy the dwelling
Section 55Anti-social behaviour and other prohibited conductMust be incorporated without modification.
Section 57C-H may only deal with the occupation contract in limited ways
Section 88C-H may set off compensation L is liable to pay under section 87 against C-H's rent
Sections 91 to 93 and 95 to 99L's obligations to keep dwelling in good state of repair etc.Not applicable to fixed term standard contracts made for a term of seven years or more.
Sections 134 to 136When and how contract may be variedSections 134(1)(b) and (2) and 135 must be incorporated without modification. Section 135(2)(k) applies only if contract has a contract-holder's break clause (see section 189).
Section 145L's right to temporarily exclude C-H from supported accommodationOnly applies to supported standard contracts (see section 143).
Sections 148 to 150General provision about termination of contractSections 148 and 149 must be incorporated without modification.
Sections 152 to 155Termination without possession claimSection 155 (death of C-H) must be incorporated without modification (but not into fixed term standard contracts that contain the provision mentioned in section 139(1)).
Sections 157 to 159Termination by L on ground of breach of contractSection 158 (false statement inducing L to make contract) must be incorporated without modification.
Sections 160 and 161 and Part 1 of Schedule 8Termination by L on an estate management ground
Section 186Termination by notice given by L in connection with the end of the term of the contract [F7Only applies if contract is within Schedule 9B. If contract incorporates section 186, Part 1 of Schedule 9A must be incorporated without modification.]
Sections 187 and 188Termination by L on serious rent arrears ground
Sections 190 to 193Termination by notice given by C-H under contract-holder's break clauseOnly apply if contract has a contract-holder's break clause.
[F8Sections 195, 195A and 196, and 198 to 201, and Part 1 of Schedule 9A]Termination by notice given by L under landlord's break clause [F9Only apply if contract has a landlord's break clause; but if a contract has a landlord's break clause, Part 1 of Schedule 9A must be incorporated without modification. Section 195A applies instead of section 195 to a contract that is within Schedule 8A, and section 196 does not apply to a contract that is within Schedule 9.]
Section 206Effect of order for possession
Section 231Termination of contract which has joint C-Hs

Textual Amendments