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The Law Commission

(LAW COM No 284)

RENTING HOMES

Report on a reference under section 3(1)(e) of the Law

Commissions Act 1965

Presented to the Parliament of the United Kingdom by the Lord High Chancellor
by Command of Her Majesty

November 2003

Cm 6018 £xx.xx

The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law.

The Law Commissioners are:

The Honourable Mr Justice Toulson, Chairman
Professor Hugh Beale QC
Mr Stuart Bridge
Professor Martin Partington CBE
Judge Alan Wilkie QC

The Chief Executive of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ.

The terms of this report were agreed on 6 October 2003.

The text of this report is available on the Internet at:

http://www.lawcom.gov.uk

CONTENTS

PART I: INTRODUCTORY MATTERS	Part I
The status of this report	1.1
Points to note	1.5
Nomenclature	1.10
PART II: BACKGROUND	Part II
Introduction	2.1
Terms of reference	2.6
Developing our proposals	2.10
Objectives	2.10
Principles	2.11
Our working methods	2.13
Housing advisory group	2.14
Supported housing	2.15
Public meetings, conferences and seminars	2.16
Responses to Consultation Papers	2.17
Media	2.18
Regulatory impact	2.20
The relationship of our proposals to the development of housing policy	2.23
The scope of the project: exclusions	2.25
Disrepair	2.26
Tenancy deposits	2.27
Rent control and regulation	2.28
Housing benefit	2.30
The right to buy and right to acquire	2.32
The right to manage	2.33
Recommendations for future work	2.37
Promoting responsible landlordism	2.38
Promoting responsible occupier behaviour	2.39
Adjudication	2.41
PART III: THE SCHEME IN OUTLINE	Part IIII
The consumer approach (part IV)	3.2
Agreements and their use (part V)	3.7
Scope of the scheme (part VI)	3.12
The written agreement (part VII)	3.21
Structure and content of the agreement (part VIII)	3.28
Termination of agreements and proceedings for possession (part IX)	3.32
Specific issues	3.53
(1) Consent (part X)	3.55
(2) Joint occupation (part XI)	3.59
(3) Lodgers and sub-occupation agreements (part XII)	3.66
(4) Transfer of rights of occupation (part XIII)	3.70
(5) Effect of death on the occupation agreement (part IV)	3.74
Anti-social behaviour (part XV)	3.77
Supported housing (part XVI)	3.88
The relationship between the proposed scheme and principles of land law	3.102
Application to Wales	3.103
PART IV: THE CONSUMER APPROACH	Part IV
Introduction	4.1
Implications for the consumer approach	4.8
The focus on the contractual agreement	4.9
Model agreements	4.12
Adapting the principles of the UTCCR	4.14
Structure and language of occupation agreements	4.25
PART V: THE AGREEMENT TYPES:	Part V
THEIR DEFINITION AND USE
Introduction	5.1
Agreement types	5.3
Default positions	5.9
Common features	5.12
Particular features	5.13
Use of the agreement types	5.15
The social rented sector	5.15
Private landlords	5.52
Facility to "write up" the terms of the agreement	5.53
The position in Wales	5.54
PART VI: THE SCOPE OF THE SCHEME	Part VI
Introduction	6.1
Abolition of the six-months' moratorium	6.3
Contracts granting the right to occupy as a home	6.17
The lease-licence distinction	6.19
Inclusions within the scheme	6.21
Exclusions from the scheme	6.26
Agreements coming within other schemes	6.27
Other categories of exclusion on social policy grounds	6.29
Abolition or amendment of existing statutory tests	6.30
Rent	6.31
Agreements for high or low rent	6.32
The identity of the landlord	6.37
Occupation as only or principal home	6.39
Separateness and sharing	6.42
Opting in and agreements with companies as "occupiers"	6.44
Agreements where the company is the "occupier"	6.46
Contracts with minors	6.47
Application to existing agreements	6.49
Converting existing agreements	6.51
The Rent Act 1977	6.52
Agricultural occupancies	6.55
Mapping the current status of existing agreements on to the new types	6.61
PART VII: THE WRITTEN AGREEMENT	Part VII
Introduction	7.1
Principles for occupation agreements	7.2
Formation of the contract	7.3
The requirement for a written agreement	7.5
Practical issues	7.13
Cooling off	7.30
Sanctions	7.35
The rent sanction	7.38
The procedural sanction	7.44
PART VIII: THE STRUCTURE AND CONTENT	Part VIII
AND CONTENT OF THE AGREEMENT
Introduction	8.1
The structure and language of the agreement	8.9
Content of the agreement	8.11
Key Terms	8.13
Relationship of key terms with the UTCCR core terms	8.18
Compulsory-minimum terms	8.21
Terms relating to security of tenure	8.25
Terms relating to the operation of the agreement	8.26
Terms relating to issues implied by statute or common law	8.27
Special terms	8.70
Other terms	8.74
Default and substitute terms	8.75
Additional terms	8.81
Variation of the terms of occupation agreements	8.89
Varying terms	8.91
Rules for different agreement types	8.99
Notification of variations: provisions of a copy in writing	8.117
Issues to be dealt with outside the contract	8.121
PART IX : TERMINATION OF AGREEMENTS	Part IX
PROCEEDINGS FOR POSSESSION
Introduction	9.1
Termination by landlords	9.5
Due process	9.6
Notice of intention to take proceedings	9.9
Court order	9.14
Grounds for possession	9.15
Availability of grounds	9.18
Definition of grounds	9.24
Notice requirements	9.45
Discretionary proceedings	9.46
Mandatory proceedings	9.56
Abandonment	9.61
Ending of fixed-term agreements	9.78
Powers of the court	9.81
Discretionary grounds	9.81
Mandatory grounds	9.99
Public law challenges	9.101
Termination by occupier	9.109
Termination by occupiers notice	9.110
Joint occupiers	9.115
Termination where occupier does not leave after giving notice	9.117
PART X: SPECIFIC ISSUES 1: CONSENT	Part X
REQUIREMENTS
Introduction	10.1
Consent: the available options	10.4
Terms in the agreement relating to consent	10.6
The effect on the landlord of an unauthorised occupant entering the premises	10.9
Structuring decisions relating to the reasonableness of withholding consent	10.13
PART XI: SPECIFIC ISSUES 2: JOINT	Part XI
OCCUPATION
Introduction	11.1
Joint occupation agreements	11.3
Numbers	11.11
Survivorship	11.13
Adding new parties to the agreement	11.16
Joint occupiers leaving the agreement	11.25
Notice	11.25
Abandonment	11.31
Additional ground for possession if a joint occupier withdraws from the agreement	11.33
Rights of non-contractual occupiers in relation to possession proceedings	11.36
Amendments to the Family Law Act 1996	11.40
PART XII: SPECIFIC ISSUES 3: LODGERS	Part XII
AND SUB-OCCUPATION
Introduction	12.1
Lodgers	12.2
Type I agreements	12.5
Type II agreement	12.6
Status of the lodger	12.8
Sub-occupation agreements	12.9
PART XIII: SPECIFIC ISSUES 4:	Part XIII
TRANSFERRING RIGHTS OF OCCUPATION
Introduction	13.1
The default position	13.5
Exceptions	13.6
Transfers to potential successors	13.8
(Mutual) exchanges	13.17
Family court orders	13.25
Formalities for transfers	13.26
Effect of a transfer	13.33
PART XIV: SPECIFIC ISSUES 5:	Part XIV
THE EFFECT OF DEATH ON THE OCCUPATION AGREEMENT
Introduction	14.1
Estate management ground for possession	14.9
The position where an occupier dies, leaving no other joint occupier or statutory successor	14.12
Joint occupiers and the principle of survivorship	14.21
The statutory succession scheme	14.23
The rationale of our proposals	14.25
Spouse/partner – the "priority successor"	14.29
Members of the family and carers – the "standard successor"	14.35
The position where an occupier under a fixed-term agreement dies	14.58
PART XV: ANTI-SOCIAL BEHAVIOUR	Part XV
Introduction	15.1
Policy objective	15.8
Domestic violence	15.11
Which landlords?	15.12
A general duty on social landlords to deal with anti-social behaviour	15.17
A special anti-social behaviour term	15.20
Remedies for anti-social behaviour	15.23
Exceptional use of type II agreements to prevent or respond to anti- social behaviour	15.34
Demotion	15.37
Domestic violence	15.40
PART XVI: SUPPORTED HOUSING	Part XVI
Introduction	16.1
Definitions	16.5
Legal status of the occupiers of supported housing	16.8
Exclusions	16.9
Exceptional use of type II by social landlords	16.15
Management control	16.24
Police exclusion order	16.29
Type I occupation agreements	16.39
Conclusion	16.41
ANNEX A: THE HOUSING ADVISORY GROUP	ANNEX A
ANNEX B: SUPPORTED HOUSING SEMINAR, 9 JULY 2002 – LIST OF ATTENDEES	ANNEX B
ANNEX C: TABLE OF EVENTS	ANNEX C
ANNEX D: RESPONSES TO CONSULTATION PAPERS	ANNEX D
Annex D1: Responses to CP 162	ANNEX D1
Annex D2: Responses to CP 168	ANNEX D2