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Commencement Information
I1Sch. 1 Pt. 1 in force at 1.12.2022 by S.I. 2022/906, art. 2
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 the dwelling in good state of repair etc. | |
Sections 103 to 109 | When and how contract may be varied | Sections 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 111 | Withdrawal of joint C-H | |
Section 113 | C-H may have lodgers | |
Section 114 | C-H may transfer contract to potential successors | |
Section 118 | C-H's right to transfer to other secure C-Hs | Only applies where L is a community landlord. |
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. |
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 | |
Sections 163 to 167 | Termination by notice given by C-H | |
Section 206 | Effect of order for possession | |
Section 231 | Termination of contract which has joint C-Hs |
Textual Amendments
F1Words in Sch. 1 Pt. 1 table 3 inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799), regs. 1, 5(6)(a) (as amended by S.I. 2022/906, arts. 1(2), 14)