SCHEDULE 1OVERVIEW OF FUNDAMENTAL PROVISIONS INCORPORATED AS TERMS OF OCCUPATION CONTRACTS
PART 3FIXED TERM STANDARD CONTRACTS
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 |