Valid from 01/09/2019

PART 3 E+WPROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

Valid from 01/12/2022

CHAPTER 2E+WPROVISION OF INFORMATION

Written statement of contractE+W

34Failure to provide a written statement etc.E+W

(1)If the landlord under an occupation contract fails to comply with a requirement to provide a written statement under section 31, the contract-holder may apply to the court for a declaration as to the terms of the contract.

(2)On an application under subsection (1) each fundamental and supplementary provision applicable to the contract is to be treated as incorporated as a term of the contract without modification, unless the contract-holder claims that it was not incorporated or was incorporated with modifications.

(3)If the contract-holder makes a claim of a kind mentioned in subsection (2), the court must determine that claim.

(4)Subsection (3) does not apply if the landlord's failure to comply with section 31 is attributable to an act or omission of the contract-holder.

(5)The court may—

(a)attach a statement of the occupation contract to its declaration, or

(b)order the landlord to give the contract-holder a written statement of the contract.

[F1(6)Paragraphs 1 and 2 of Schedule 9A make provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a written statement of the contract under section 31(1) or (2).]

Textual Amendments