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You are here: BAILII >> Databases >> The Law Commission >> Renting Homes (Report) [2006] EWLC 297(6) (May 2006) URL: http://www.bailii.org/ew/other/EWLC/2006/297(6).html Cite as: [2006] EWLC 297(6) |
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6.2 Because periodic standard contracts can be ended on the landlord's notice ground,[1] private landlords retain a high degree of control. The situation is less clear-cut for community landlords who rent on secure contracts. They must be able to ensure that the people living in their accommodation have the requisite degree of housing need. At the same time, contract-holders under secure contracts must have an appropriate degree of autonomy in their use of the accommodation.
ADDING A CONTRACT-HOLDER TO THE CONTRACT[2]6.4 It is a fundamental term of all occupation contracts that a contract-holder may, but only with the consent of the landlord,[3] add another person to the contract. The person added becomes entitled to all the rights and subject to all the obligations of the contract from the date they are added.[4]
6.5 The addition of a contract-holder to the contract is of no effect unless:
(1) it is made in a written document[5]; and
(2) the document is signed by each individual and executed by each corporation which is party to the transaction.[6]The addition of a new contract-holder to the contract may also be effected by an electronic document that complies with prescribed formalities.[7] DEALING
(1) creating a tenancy or a licence which confers the right to occupy the premises;
(2) transferring; and
(3) mortgaging or otherwise charging.[8]
6.7 The starting point is that a contract-holder may not deal with the occupation contract or the whole or any part of the premises, save as provided for by the contract, or in accordance with a family property order.[9] Similarly, joint contract-holders may not deal with the contract, or their rights and obligations under it, or the premises or any part of the premises save as provided for by the contract, or in accordance with a family property order.[10]
Impact on the landlord6.8 The current law is very unclear as to when a landlord becomes bound by an action taken by a tenant. Our scheme makes this clear. Quite simply, the landlord is not bound if a contract-holder or joint contract-holder deals with the contract except in a way permitted by the contract or in accordance with a family property order.[11] Indeed the Bill makes clear that a contract-holder who attempts to deal in ways not permitted by the contract or a family property order is in breach of the contract,[12] which will expose them to the risk of possession proceedings on the breach of contract ground.
PERMITTING A PERSON TO OCCUPY AS A LODGER[13]6.10 It is a fundamental term in every secure contract that the contract-holder can allow another to reside in the premises as a lodger. If there is room, more than one lodger may be possible.[14] This is not subject to obtaining consent from the landlord.[15]
6.12 For standard contracts, we recommend that the right of a contract-holder to take in a lodger should be included as a supplementary term of the contract.[16] Such a term should require the contract-holder to seek the consent of the landlord, which the landlord may reasonably withhold.[17]
CREATING A SUB-OCCUPATION CONTRACT[18]6.14 Under our recommended scheme, there is no fundamental provision, and thus no fundamental term, relating to the ability of a contract-holder to enter into a sub-occupation contract. At most there will be a supplementary term to deal with this. We have included in the model contracts appended to this Report a supplementary term permitting sub-occupation, subject to the consent of the landlord.[19] We have given the landlord an absolute right to refuse to permit sub-occupation: their consent is not subject to the reasonableness requirements which apply, for example, to consent to permit a contract-holder under a standard contract to have a lodger.
6.15 The Bill deals with a number of complex consequences that can arise where this form of dealing is permitted. The legislation is drafted in terms of the simple model of head contract and sub-occupation contract. A definition section makes it clear that the same principles apply to a chain of sub-occupation contracts.[20]
6.16 A sub-occupation contract will be effective as between the contract-holder and the sub-occupier, even if it was entered into without the landlord's consent (where the landlord's consent was required). Where a sub-occupation contract is entered into without the landlord's consent, where consent was required, the contract holder is in breach of the contract.[21] The landlord could make a possession claim on this ground.[22] A sub-occupation contract entered into otherwise than in accordance with the head contract (for instance without the landlord's consent, where this was required under the terms of the head contract) does not bind the head landlord.[23]
6.17 Where a tenant grants a sub-tenancy, the basic principle at common law is that they cannot grant a greater interest than they have.[24] This means that they cannot grant a sub-tenancy for longer than the head tenancy. At common law, if a tenant under a fixed term tenancy purports to grant a sub-tenancy that is equal to or longer than the length of their tenancy, the grant of the sub-tenancy is treated as an assignment of the tenancy to the sub-tenant. For the purpose of our scheme, we think that contract-holders should decide whether a dealing is to be a transfer (under which the transferee is normally expected to pay the rent to the landlord directly) or a sub-occupation contract (where rent under the sub-occupation contract is normally be paid to the contract-holder, who remains liable to pay the rent under their own occupation contract to the (head) landlord). Where the contract-holder under an occupation contract (the head contract) enters into a sub-occupation contract, and the term of the sub-occupation contract ends at the same time as the term of the head contract, the sub-occupation contract takes effect as such and not as a transfer to the sub-holder.[25]
6.18 Under our scheme, it will also be possible for a contract-holder to grant a sub-occupation contract giving greater security than the contract-holder has, where the landlord consents to this. This will only be possible if the contract-holder and landlord had modified or varied the relevant supplementary term in the model contract to permit this. Assuming that the supplementary term had been modified:[26]
(1) a contract-holder under a standard periodic contract could grant a secure sub-occupation contract, or a fixed term standard sub-occupation contract; or
(2) a contract-holder under a fixed term standard contract could grant a sub-occupation contract for a fixed term longer than the unexpired period of the head contract.Failure to comply with conditions
6.19 We considered, however, that it would be overly harsh to the sub-holder if the head landlord was not bound at all where he or she had given consent to the sub-occupation contract, but with conditions, and the conditions had not been met. In this situation, the sub-occupation contract is still treated as properly made.[27] If the contract-holder has purported to create either a secure contract or a standard fixed term contract, in breach of the landlord's consent conditions, then as between the contract-holder and sub-holder, the contract will indeed be a secure contract or standard fixed term contract, but the head landlord may elect to treat the sub-occupation contract as a periodic standard contract only.[28] The standard periodic sub-occupation contract thus created has the following characteristics:
(1) all the fundamental and supplementary provisions applicable to a periodic standard contract are incorporated without modification (including the provisions for the landlord's notice-only possession ground);
(2) any terms of the secure or fixed term standard contract that are incompatible with the standard periodic contract are of no effect;
(3) otherwise the terms of the contract are the same as those of the secure or standard fixed term contract.[29]
6.20 This "election" by the landlord only really has a practical effect when the head occupation contract ends, and the contract-holder's rights and obligations under the sub-occupation contract are transferred to the head landlord as described in paragraph 6.23 below. The obvious consequence of this provision is that, once the head contract has ended and where the landlord is the direct landlord of the (former sub) contract-holder, the landlord can quickly assert control over the property through the availability of the landlord's notice ground for possession.[30]
Termination of head contract6.21 At common law, the basic principle that a tenant cannot grant a greater interest than they have means that if the head lease falls, the sub-lease also falls. The effects of the common law are modified where the sub-lease is an assured tenancy: if the head lease comes to an end, the sub-tenant is treated as having an assured tenancy as against the head landlord.[31] Under current law if the tenant surrenders the head lease to the landlord, the effect is that the tenant drops out and the lease is thereafter treated as being between landlord and (sub) tenant.[32] If the head lease is forfeited during the period of the sub-tenancy, the sub-tenant can apply for relief against forfeiture.[33]
(1) with the landlord's consent (where this is required), and in accordance with any conditions imposed by the landlord on giving his consent;
(2) with the landlord's consent, but the contract-holder did not comply with all the conditions imposed by the landlord on giving his consent; or
(3) without the landlord's consent (where this is required), or otherwise not in accordance with the head contract.
6.23 Where:
(1) a contract-holder has properly entered into a sub-occupation contract with a sub-holder;[34] and
(2) the head contract comes to an end after its effective date; and
(3) the sub-occupation contract is in existence immediately before the head contract ends,the sub-occupation contract continues.[35] The contract-holder's rights and obligations under the sub-occupation contract are transferred to the head landlord.[36] These rules do not, however, apply if the head contract is a fixed term standard contract which ends at the end of the fixed term.[37]
(1) the operation of the rules set out in the previous paragraph do not affect the ability of the head landlord to elect to treat the sub-occupation contract as a standard periodic contract where the sub-occupation contract was entered into in breach of one of the conditions imposed by the landlord when consenting to the sub-occupation;[38]
(2) the head landlord is not liable to the sub-holder for any breach of the sub-occupation contract by the contract-holder;[39]
(3) the sub-holder is not liable to the head landlord for any breach of the sub-occupation contract before the head contract ended;[40] and
(4) the head landlord may be liable to the sub-holder (or vice versa) for any breach of the sub-occupation contract continuing after the head contract has ended.[41]Extended possession order
6.26 There may be circumstances where a contract-holder has properly entered a sub-occupation contract, where the contract-holder's (head) landlord claims possession against the contract-holder.[42] In such a case, the head landlord may also apply for an order for possession against the sub-holder.[43] This may be particularly necessary where, for example, the landlord is aware that both the contract-holder and the sub-holder are not behaving in accordance with their contracts (for example using the premises for unlawful purposes).
(1) it has decided to make a possession order against the contract-holder;[44] and
(2) it would have made a possession order against the sub-holder, had a claim for possession been brought by the contract-holder against the sub-holder.[45]
6.28 In deciding whether or not to make the extended possession order, the court may take into account whether the head landlord had given the sub-holder any notice of their intention to apply for an extended possession order, and the length of any such notice.[46]
Exclusion of contract-holder6.29 There may also be circumstances in which a contract-holder has quite properly entered into a sub-occupation contract with a sub-holder, but where the contract-holder has disappeared.[47] This may make it hard for the sub-holder to ensure that their landlord (the original contract-holder) fulfils the landlord's obligations under the sub-occupation contract, for example to repair the property. Indeed, in such a case the head landlord will also find it hard to enforce the obligations of the contract against the contract-holder.
6.30 In such a case, and by analogy with our recommendations on abandonment,[48] the sub-holder may give the contract-holder a notice in writing which
(1) states the belief of the sub-holder that the contract-holder no longer considers him or herself a party to the original contract and the sub-contract;
(2) requires the contract-holder to tell the sub-holder, within four weeks,[49] if he or she still regards him or herself as a party to one or both of the contracts; and
(3) informs the contract-holder that after the warning period is over, the original contract may be brought to an end and the rights and obligations under the sub-occupation contract may be transferred to the head landlord.[50]
6.31 A copy of the notice must also be given to the head landlord.[51] During the warning period, the sub-holder must undertake any necessary inquiries to satisfy himself that the contract-holder no longer considers himself to be a party to the contract.[52]
6.32 At the end of the warning period, the sub-holder may apply to the court for an order that the original contract has come to an end and that the rights and obligations of the contract-holder as landlord under the sub-occupation agreement are transferred to the head landlord.[53] If the court is satisfied that the contract-holder no longer considers him or herself a party to both contracts, it may make the order applied for. This must specify the date from which the head contract is treated as having come to an end.[54]
6.33 The court may not make the order in favour of the sub-holder where, had a claim for possession been brought against the sub-holder by the contract-holder, the court would have made a possession order against the sub-holder.[55]
Excluded contract-holder's remedies6.34 As the consequences of such an order for the original contract-holder could be serious, the scheme provides a right of appeal. Where an order has been made, the original contract-holder may, within six months, apply to the court to rescind the order, declare that the sub-occupation contract continues, and make such other order as it thinks fit.[56]
6.35 The grounds on which the contract-holder may apply to the court are:
(1) that the sub-holder failed to give the requisite notice;
(2) that the sub-holder failed to make the appropriate inquiries;
(3) that the contract-holder did consider him or herself still to be a party to one or both of the contracts and that the failure to respond (or to respond adequately) to the notice was justified; or
(4) that the sub-holder did not have reasonable grounds for being satisfied that the contract-holder considered him or herself not to be a party to either of the contracts.[57]TRANSFERRING THE CONTRACT[58] Transfer to potential successor[59]
6.40 At present, secure tenants are able to assign their secure tenancy to a potential successor.[60] This enables a frail parent to transfer their secure tenancy to a member of the family before going into residential care.
6.41 In accordance with the principle of landlord-neutrality, we think this right should apply to all secure contracts, not just those entered into by local authorities. The Bill provides that, subject to the consent of the landlord,[61] it is a fundamental term of a secure contract that any sole contract-holder can seek to transfer their contract to a person or persons who would have the statutory right to succeed if the current occupier died.[62] This also enables a contract-holder to pass their contract on to a carer-successor.
6.42 At present any succession, and thus any transfer, must be to a single person. In our scheme, joint succession is possible. Thus, any transfer can be to all the potential successors who wish to be included in the transfer.[63]
6.43 The principle of survivorship applies to joint contract-holders. Nevertheless, if they all act together, they can apply to transfer the agreement to a potential successor. Again, any transfer is subject to obtaining the landlord's consent.[64]
6.45 A landlord may well be reluctant to give consent if they fear losing control of the premises for a substantial period. To address this, we accept that the giving of consent may be subject to conditions. Specifically, we recommend that a landlord can impose a condition that consent is subject to the contract-holder giving up their right of succession.[65]
Transfer to another secure contract-holder — exchanges6.46 At present, secure tenants are able to seek permission to exchange their tenancy with another secure tenant or with an assured tenant of a registered social landlord.[66] This gives some flexibility to both landlords and tenants. It is a right that tenants appreciate. We think it should be retained in the recommended scheme.
6.48 The right to ask to exchange an occupation contract extends to all secure contracts made by community landlords.[67] All such contracts have a fundamental term that the contract-holder may seek to transfer the contract to another person. The other person must also be a contract-holder under a secure contract from a community landlord who, immediately before the transfer, will cease to be the contract-holder under that contract.[68] No transfer can take place without the consent of the landlord.[69]
Transfer of fixed term standard contracts6.50 The Bill contains two provisions that relate to these possible circumstances.
(1) A fixed term standard contract may provide that if there are joint contract-holders, one or more of them may require the other joint contract-holder(s) to join in a transfer of the contract to another person.[70] In such a case, the joint contract-holder(s) wishing to transfer the contract may seek a court order that the other contract-holders join in the transfer.[71] The court may make such order as it thinks fit.[72]
(2) A fixed term standard contract may provide that a joint contract-holder may transfer their rights and obligations under the contract to another, without joining all the other joint contract-holders.[73] In such a case, the contract must provide that such a transfer may not be made unless the transferor gives notice of the proposed transfer to the other joint contract-holders.[74] This is to prevent any change in the liabilities of the remaining joint contract-holders occurring without notice. Furthermore, the transferee is not entitled to occupy the premises without the consent of the other joint contract-holders.[75]
6.51 The Bill also contains provisions dealing with the transfer of a fixed-term standard contract on the death of the contract-holder.[76] These are discussed in Part 7.
FORM AND EFFECT OF TRANSFER Form6.52 Under current law, a tenancy can only be assigned by deed, even where the original tenancy did not have to be granted by deed.[77] If no deed is used, a contract to assign a tenancy may be enforceable in equity, but only if it complies with the requirements of the Law of Property (Miscellaneous Provisions) Act 1989, section 2. It must be in writing, signed by both parties and containing all the terms of the contract (subject to the possible effect of equitable estoppel). We do not regard the requirement for a deed as appropriate in the context of residential renting.
6.53 The Bill provides that any transfer by a contract-holder or a joint contract-holder must be made in writing,[78] signed by each of the parties to the transfer.[79] If the contract requires the consent of the landlord, the landlord must be a party to the contract.[80] These rules do not apply to transfers in the course of the administration of the contract-holder's estate.[81]
Effect6.54 If transfer of an occupation contract is made in compliance with the terms of the contract and the formalities set out in the preceding paragraphs, on the date of the transfer:[82]
(1) the transferee becomes entitled to all the rights and subject to all the obligations of the contract-holder under the contract; and
(2) the contract-holder ceases to be entitled to any rights or subject to any obligations under the contract.[83]
6.55 The same principles apply where the transferor is a joint contract-holder. This is subject to the qualification that, where a fixed-term standard contract is transferred either while the contract-holder is alive, or following the contract-holder's death, the transferee is not entitled to occupy the premises without the consent of the other joint contract-holders.[84]
6.56 Rights and liabilities accruing before the transfer date are not affected by the process of transfer.[85]
Unauthorised transfer6.57 In accordance with our aim of ensuring that a landlord does not end up with a contract-holder they have not consented to, the Bill provides that a transfer that does not comply with the formal requirements is of no effect.[86] The landlord is not bound by any purported transfer or other dealing by a contract-holder which required, but did not have, the landlord's consent.[87] The landlord can take proceedings against a purported transferee who will have no legal entitlement to occupy the premises as against the landlord. Alternatively, the landlord can agree to enter into an agreement with the purported transferee; but this is entirely a matter for the landlord.
6.58 An exception is provided where the transfer is not in accordance with what the contract permits (whether or not the formalities requirements have been complied with).[88] If the landlord accepts payments from the transferee in respect of the transferee's occupation of the premises, while
(1) knowing that the transfer was made otherwise than in accordance with the contract; or
(2) when the landlord ought reasonably to have known that the transfer was made otherwise than in accordance with the contractthe transfer has effect as follows.[89] The transfer becomes binding on the landlord two months after the day on which the landlord first accepted payments from the transferee.[90]
6.59 This will not happen if, within the two month period the landlord either:
(1) takes steps to end the occupation contract; or
(2) brings proceedings to evict the transferee as a trespasser or otherwise shows an intention to treat the transferee as a trespasser.[91]Landlord and Tenant (Covenants) Act 1995
(1) any transfer by a contract-holder of the contract, the premises or any part of the premises, or any transfer by a joint contract-holder of any of those things or of their rights and obligations under the contract, or
(2) any transfer which would be treated by that Act as a transfer of the premises.[92]LANDLORD'S CONSENT[93]
6.61 As noted above, where a contract-holder seeks permission to deal with the contract, landlords often have good reason either to refuse consent or to give consent subject to conditions. Where the contract requires that the landlord's consent be obtained before something can be done, including dealing with the contract, the Bill sets out a general rule. That rule is that while the landlord may give consent subject to conditions,[94] he or she may not unreasonably refuse consent (or give consent subject to unreasonable conditions)[95]. The rule applies unless the contract:
(1) explicitly excludes the clause setting out the general rule;
(2) makes inconsistent provision with the general rule; or
(3) provides that if the landlord does not give or refuse consent, they are to be treated as having refused it. [96]
6.62 A request for consent must be in writing.[97] Before reaching a decision, the landlord may ask for further information, but this must be within 14 days of the request for consent being made by the contract-holder.[98]
6.63 Once a request is made, the landlord should respond; the contract-holder should not be left in the dark. Failure to give or refuse consent in writing by the end of two months from the day on which the request was made, or from the day on which the further information which the landlord requested is provided, is treated as the giving of consent without conditions.[99]
6.64 In accordance with our general policy of transparency, if the landlord gives consent subject to conditions, the landlord must provide written notice of the conditions at the time the consent is given. Failure to do this is also treated as giving consent without conditions.[100]
6.65 Where consent is refused, or granted subject to conditions, the person who made the request may ask for a statement of reasons. To encourage landlords to respond, if the statement is not forthcoming within two months, the landlord is treated as having given consent without conditions.[101]
Reasonableness6.66 In the same way that guidance is provided to judges when they are required to make decisions based on reasonableness,[102] so too the Bill provides guidance to landlords on reasonableness in this context.[103] This guidance must be applied sensibly to the individual case; they are not rigid rules. The purpose is to help landlords understand that the Bill does not prevent them from making sensible decisions, and to help contract-holders appreciate that not every request is going to be met positively.
6.67 The provisions on reasonableness relate both to the reasonableness of a refusal by the landlord, and the reasonableness of any condition imposed by a landlord.[104] The factors set out in the schedule include the following general matters:
(1) the status of the occupation contract;
(2) the premises;
(3) the circumstances of the contract-holder; and
(4) the circumstances of the landlord.The schedule also sets out special factors which apply where the contract-holder seeks consent to adding a joint contract-holder, transferring a contract to a potential successor, or transferring a contract to a secure contract-holder. The status of the occupation contract[105] The premises[106] The circumstances of the contract-holder[107] The circumstances of the landlord[108] The proposed joint contract-holder[109]
6.73 We recognise that, in this latter case, the result may be that the landlord could lose control of the premises for some considerable time. (If the newcomer succeeded to the contract, a right of succession would be used up. But if the newcomer is made a joint contract-holder, they can become sole contract-holder by survivorship without using up a right of succession. On that person's death succession is still possible and the contract may continue.) We therefore recommend that, in such a case, it is reasonable for the landlord to impose a condition whereby the newcomer to the contract would be treated as a priority successor or reserve successor, thereby foregoing their entitlement to pass the contract on to another on their death.[110] We think this strikes a sensible balance. The newcomer is assisted to acquire the premises they are currently seeking which may be their most pressing concern, while the landlord does not lose the ability to regain possession of the premises beyond a reasonable period.
Transfer to a potential successor[111] Transfer to a secure contract-holder6.75 Where consent to a transfer of a secure contract is sought from a community landlord, two particular provisions are set out in the Bill. First, where the transfer is part of a series of transactions, it is reasonable to impose a condition that the transfer may only take place if the whole series of transactions goes ahead.[112]
6.76 Second, if the person to whom the transfer is to be made is already a priority or reserve successor in relation to their current contract, it is reasonable to impose a condition requiring that the transferee be treated as having the same status in relation to the contract transferred to him or her.[113]
Note 1 Discussed above, at paras 4.57 to 4.63. [Back] Note 2 Adding a contract-holder was discussed in Part 11 of Renting Homes (2003) Law Com No 284. [Back] Note 3 Provisions relating to landlord’s consent are discussed below, at paras 6.61 to 6.76. [Back] Note 5 Cl 215(2). Cl 215(3) gives the appropriate authority power to prescribe a form for the document. [Back] Note 7 Referred to in cl 215. [Back] Note 9 Cl 120(1). Family property order is defined in cl 237. [Back] Note 13 Lodgers are discussed in Part 12 of Renting Homes (2003) Law Com No 284. [Back] Note 14 Where the contract has a supplementary term limiting the number of persons who can reside in the premises, the total must not exceed that number. [Back] Note 16 See eg term 77 of the draft standard contract attached to this Report. [Back] Note 17 As to landlord’s consent, see below, at paras 6.61 to 6.76. [Back] Note 18 Sub-occupation is discussed in Part 12 of Renting Homes (2003) Law Com No 284. [Back] Note 19 As to landlord’s consent, see below, at paras 6.61 to 6.76. [Back] Note 24 This principle was modified to some degree by the decision of the House of Lords in Bruton v London and Quadrant [2000] 1 AC 406, in which a mere licensee was held to have granted a sub-tenancy (although not an estate in land). [Back] Note 26 As compared with term 78 in the draft standard periodic contract, and term 75 in the draft secure contract in Appendix B to this Report. [Back] Note 27 Cls 124(1) and (2). [Back] Note 28 Cl 124(3). If the landlord does so elect, the sub-occupation contract is also treated as a standard periodic contract in any question arising between the sub-holder and any person other than the contract-holder: cl 124(4). [Back] Note 30 See above, at paras 4.57 to 4.60. [Back] Note 31 Housing Act 1988, s 18(1). [Back] Note 32 Law of Property Act 1925, s 139. [Back] Note 33 Law of Property Act 1925, s 146(4). [Back] Note 34 The sub-occupation contract is still treated as having been entered into “properly” for this purpose where the contract-holder has not complied with the conditions subject to which the landlord gave consented to sub-occupation: see cl 124(2). [Back] Note 35 Cls 125(1) and (2)(a). This does not apply where the head contract was a fixed term contract which comes to an end on the expiry of the fixed term: cl 125(4). [Back] Note 38 Cl 126(1). See above, at para 6.19. Even though the contract-holder, in breach of a landlord’s consent condition, may have granted a fixed term standard contract or secure contract, when the (former head) landlord steps into the contract-holder’s shoes at the end of the head contract, they can treat the sub-occupation contract as a periodic standard contract. This means they can seek to recover possession of the premises on the notice-only basis. [Back] Note 41 Cl 126(4). These last two provisions do not affect any power conferred on the head landlord by the sub-occupation contract: cl 126(5). [Back] Note 47 Cls 128(1) and (2). [Back] Note 48 See above, at paras 4.37 to 4.43. [Back] Note 49 This is called the warning period, which starts with the day on which the notice is given to the contract-holder: cl 128(9). [Back] Note 56 Cls 129(1), (2) and (4). [Back] Note 58 Transferring rights of occupation is discussed in Part 13 of Renting Homes (2003) Law Com No 284. [Back] Note 59 Cl 131. The right of succession, and the definition of who can be a successor, is discussed below, at paras 7.8 to 7.30. [Back] Note 60 Housing Act 1985, s 91(3)(c). [Back] Note 61 Landlord’s consent is discussed below, at paras 6.61 to 6.76. [Back] Note 64 Cl 131(4). Consent, and its reasonableness, is discussed below, at paras 6.61 to 6.76. [Back] Note 66 Housing Act 1985, ss 91(3)(a) and 92, and sch 3 (as amended). [Back] Note 67 Community landlord is defined at cl 226. [Back] Note 76 Cls 133 and 136. [Back] Note 77 Law of Property Act 1925, s 54(2) allows the creation, but not the assignment, by parol of certain short leases. See Crago v Julian [1992] 1 WLR 372 on whether the Law of Property Act 1925, s 53(1)(a) can enable assignment by writing without a deed. [Back] Note 78 Electronic writing may be used: cl 215(4). The appropriate authorities are given power to prescribe the form to be used. [Back] Note 79 Cl 137(2). Cl 140(2) specifically disapplies the Law of Property Act 1925, s 52 from occupation contracts. [Back] Note 82 The date of the transfer is the day agreed by the transferor and the transferee as the day on which the transfer takes effect: cl 138(5). [Back] Note 84 Cl 138(3), applying cls 135(3) and 136(3). [Back] Note 90 Cls 139(2) and (4). [Back] Note 93 Consent requirements are discussed in Part 10 of Renting Homes (2003) Law Com No 284. [Back] Note 96 Cls 74(1) and (2). [Back] Note 98 Cl 74(6). A request for information for which it is unreasonable to ask is deemed not to have been made: cl 74(7). [Back] Note 99 Cls 74(8) and (9). [Back] Note 101 Cls 74(11) and (12). [Back] Note 102 See paras 5.31 to 5.42 as to reasonableness in the context of possession claims. [Back] Note 107 Sch 4 paras 4 and 5. [Back] Note 108 Sch 4 paras 6 and 7. [Back] Note 109 Sch 4 para 8. As to succession rights see Part 7 below. [Back] Note 110 Sch 4 paras 8(4) to (6). [Back] Note 112 Sch 4 paras 10(2) and (3). [Back] Note 113 Sch 4 paras 10(4) and (5). [Back]
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