SCHEDULE 1OVERVIEW OF FUNDAMENTAL PROVISIONS INCORPORATED AS TERMS OF OCCUPATION CONTRACTS

PART 3FIXED TERM STANDARD CONTRACTS

TABLE 5

FUNDAMENTAL PROVISION

NATURE OF PROVISION

NOTES

Section 31

Landlord (“L”) must provide contract-holder (“C-H”) with written statement of occupation contract

Sections 39 and 40

L must provide C-H with L’s name and address and other information

Section 41

Notices and documents must be in writing

Sections 43 and 45

Payment of deposits etc. and requirement that L uses authorised deposit scheme

Section 45 must be incorporated without modification.

Section 49

C-H may, with L’s consent, add joint C-H

Section 52

Rights of joint C-H where another joint C-H dies or otherwise leaves contract

Must be incorporated without modification.

Section 54

L must not interfere with C-H’s right to occupy the dwelling

Section 55

Anti-social behaviour and other prohibited conduct

Must be incorporated without modification.

Section 57

C-H may only deal with the occupation contract in limited ways

Section 88

C-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 99

L’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 136

When and how contract may be varied

Sections 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 145

L’s right to temporarily exclude C-H from supported accommodation

Only applies to supported standard contracts (see section 143).

Sections 148 to 150

General provision about termination of contract

Sections 148 and 149 must be incorporated without modification.

Sections 152 to 155

Termination without possession claim

Section 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 159

Termination by L on ground of breach of contract

Section 158 (false statement inducing L to make contract) must be incorporated without modification.

Sections 160 and 161 and Part 1 of Schedule 8

Termination by L on an estate management ground

Section 186

Termination by notice given by L in connection with the end of the term of the contract

Subsections (2) and (4) of section 186 do not apply to a contract which does not incorporate subsection (1), or a contract that is within Schedule 9. If a contract incorporates subsection (1) and is not within Schedule 9, subsections (2) and (4) must be incorporated without modification.

Sections 187 and 188

Termination by L on serious rent arrears ground

Sections 190 to 193

Termination by notice given by C-H under contract-holder’s break clause

Only apply if contract has a contract-holder’s break clause.

Sections 195 to 201

Termination by notice given by L under landlord’s break clause

Only apply if contract has a landlord’s break clause. Section 196 also does not apply to a contract within Schedule 9. If a contract has a landlord’s break clause and is not within Schedule 9, section 196 must be incorporated without modification. If contract has a landlord’s break clause, section 196 (breach of deposit rules) must be incorporated without modification.

Section 206

Effect of order for possession

Section 231

Termination of contract which has joint C-Hs