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Renting Homes (Wales) Bill

Renting Homes (Wales) Bill. Simon White Housing Policy Division Welsh Government rentinghomes@wales.gsi.gov.uk www.wales.gov.uk/rentinghomes. Currently:. 1 in 3 households rent; private renting increasing Tenants are less happy than owner-occupiers

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Renting Homes (Wales) Bill

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  1. Renting Homes (Wales) Bill Simon White Housing Policy Division Welsh Government rentinghomes@wales.gsi.gov.uk www.wales.gov.uk/rentinghomes

  2. Currently: • 1 in 3 households rent; private renting increasing • Tenants are less happy than owner-occupiers • Two types of renting – long-term and short-term • Many different tenancy types causes problems: • Confusion surrounding licences and tenancies • Knowing what tenancy exists • Tenancy agreements difficult to understand • Lack of clarity leads to disputes • Absent joint tenants • Domestic abuse and relationship breakdown under joint tenancies • Renting by 16 and 17 year olds

  3. Calls for reform: • 1996 - Lord Chief Justice Woolf: “reform of the substantive law on housing could do more than anything else to reduce cost and delay .. the main source of difficulty is the complexity of the substantive law itself.” Access to Justice • 2000 - Nick Madge, Circuit Judge: “Housing law has become an impenetrable forest. […] There are few paths through the forest, known only to the most skilful lawyers. Some who enter the forest escape with scratches and torn clothes. Many become hopelessly lost.” The Times, 25/07/2000 • 2009 – Lord Justice Jackson “simplifying substantive housing law would considerably reduce the costs of litigation in that area and improve access to justice”. Review of Civil Litigation Costs

  4. A brief summary of the Bill: • Based on Law Commission’s 2006 ‘Renting Homes’ report • Single legal framework for social and private renting • Enables ‘single social tenancy’ for Wales • Clarity on rights and responsibilities through written contracts • Model contracts freely available to all • Secure Contract: high level of security protected by law; replaces Secure and Assured Tenancies; can also be used by private landlords. • Standard Contract: low level of security under law; greater security can be agreed through fixed terms; replaces Assured Shorthold, Introductory and Demoted Tenancies; provides greater flexibility for short-term renting • A legal basis for supported housing

  5. Key Concepts – “Occupation contracts”Chapter 1 of Part 2 of the Bill (including Schedule 2 to the Bill) • People who rent homes in Wales do so under a tenancy or licence. • Under the Bill, this will remain the case- but regardless of whether occupier is a tenant or licensee, they will (in most cases) rent their home under an occupation contract (and Bill refers to them as “contract-holders”). • Two kinds of occupation contract: • Secure contract (which is periodic); • Standard contract (which can be periodic or fixed term, as parties wish).

  6. Key Concepts – landlordsChapter 2 of Part 2 • The Bill provides for two types of landlord - • Community landlords • Private landlords • “Community landlord” is defined in section 9 - • Local authorities for areas in Wales (defined in section 240) • Registered social landlords providing housing in Wales (e.g. Housing Associations) i.e. providers of social housing. • “Private landlord” is defined in section 10: any landlord- • who is a landlord of a dwelling which is in Wales, and • who is not a community landlord.

  7. Key concepts – landlords and contracts • As a general rule, type of landlord dictates what kind of contract the occupier occupies under. • Default positions - Community landlord Secure contract (see sections 11(1) and 12(1)) Private landlord Standard contract (see section 17) • Variations are possible…

  8. Key concepts – landlords and contracts 2 • Variations from default position- community landlords (sections 11(2) to (5) and 12(2) to (8)). • See especially: • Contract is mentioned in Schedule 3, and community landlord wants to it be standard. Schedule 3 includes: • Introductory standard contracts (see section 16 and Schedule 4) • Accommodation for asylum seekers and displaced persons; • Accommodation for homeless people, • Accommodation connected with certain public sector employment, • Certain student accommodation etc. • Prohibited conduct standard contracts • Variations from default position- private landlords (section 17); always standard, unless landlord chooses secure, or takes over existing.

  9. Key Concepts – written statementChapter 2 of Part 3 • The Bill requires every landlord to issue a written statement of contract to the contract-holder within 14 days of the day on which the contract-holder is entitled to begin to live in the dwelling – the “occupation date” (section 31). • This means that the contract (tenancy or licence) can be agreed and become effective before the written statement is given. • Ensures that contract-holders are given an accurate and complete document setting out their rights and obligations under the contract. • Sections 34 to 38 deal with remedies where written statement is inaccurate or incomplete etc. There are financial remedies: see sections 87 and 88 (compensation).

  10. What are the terms of the contract? • Bill provides for 4 kinds of term- • “Fundamental terms”; • “Supplementary terms”; • Terms relating to “key matters”; • “Additional terms”. • What the final terms of the contract are varies depending on whether contract is: • A secure contract; • A periodic standard contract; • A fixed term standard contract. • Terms of contract can also vary depending on what is agreed between landlord and contract-holder, but nature of term impacts on the right to vary. • Under section 29, the Welsh Ministers may set out, in regulations, model written statement of contracts.

  11. Fundamental provisions/terms IChapter 3 of Part 2 (sections 18 to 22) • Perhaps most important concept in the Bill. • The Bill contains a number of “fundamental provisions”. • These are Sections in Bill (and Part 1 of Schedule 8) which, as well as being part of Bill, are also incorporated into every kind of occupation contract to which they apply. • MUST be included in essentially unmodified form unless- • Landlord and contract-holder agree, and • Modification/non-incorporation improves position of contract-holder. • Once a “fundamental provision” is part of an occupation contract, the term which incorporates it is referred to as a “fundamental term”. • Some must be incorporated without modification (see below).

  12. Fundamental provisions/terms 2Chapter 3 of Part 2 (sections 18 to 22) • Some fundamental provisions apply to all occupation contracts (see Parts 3 and 9), but some apply only to specific kinds of contract. • Each fundamental provision contains a subsection specifying that it is a fundamental provision, and dealing with its application. • Schedule 1 contains three tables, setting out all the fundamental provisions that apply to each of the three kinds of occupation contract.

  13. Supplementary provisions/termsChapter 4 of Part 2 (sections 23 to 25) • Supplementary provisions will be set out in Regulations made by the Welsh Minister. • These are automatically incorporated into occupation contracts to which they apply unless both landlord and contract-holder agree (no further constraints or requirements). • Once a “supplementary provision” is part of an occupation contract, the term which incorporates it is referred to as a “supplementary term”.

  14. Additional terms and key mattersChapter 5 of Part 2 • Terms of contract relating to key matters are terms dealing with the dwelling’s address, the occupation date, rent etc. – see sections 26 and 27. • Additional terms are terms agreed between landlord and contract-holder which are not fundamental or supplementary terms, or terms addressing key matters (section 28). • The written statement needs to set out all the terms of the contract.

  15. Changing the contract when made • Fundamental provisions – may be changed if agreed, and improves contract-holder’s position. Changing a fundamental provision at time contract is made is referred to in Bill as “modification”. But: • Note section 33 (editorial changes) and • Note section 20(3) – list of fundamental provisions that must be incorporated without modification e.g. • Prohibition of anti-social behaviour (section 55); • Use of false statements to get contract (section 157). • Supplementary provisions – may be changed by agreement.

  16. Changing the contract after it has been made • Changing the terms of contract after it takes effect is referred to in Bill as “variation”. • Extent to which variations are possible differs between kinds of occupation contracts: • Secure contracts – Chapter 2 of Part 5 (sections 103 to 110); • Periodic standard contracts – Chapter 2 of Part 6 (sections 122 to 129); • Fixed term standard contracts – Chapter 2 of Part 7 (sections 134 to 137).

  17. Structure of the Bill • For a landlord or contract-holder, not necessary to read all of Bill – structure is intended to enable reader to bypass material irrelevant to them. • This means the Bill contains some repetition, but only a small amount, and with a view to keeping the Parts of the Bill self-contained. • The Bill is structured as follows • Part 1: provides introduction to Bill and key concepts (map); • Part 2: sets out the key concepts in detail; • Part 3: rights and obligations of parties to all occupation contracts; • Part 4: all contracts except longer-term fixed term standard contracts;

  18. Structure of the Bill (contd.) • Part 5: secure contracts only; • Part 6: periodic standard contracts only; • Part 7: fixed term standard contracts only; • Part 8: supported contracts only (see section 143 – accommodation which is connected with “support services” e.g. support in overcoming addiction or finding employment); • Part 9: Termination of contract- • Although Part 9 applies to all occupation contracts, it is sub-divided into Chapters which have differing application; • See section 146 for table explaining structure of Part 9. • Parts 10 and 11 contain provisions which supplement the rest of the Bill (e.g. definitions, requirements about giving notice, exercise of powers).

  19. I am a contract-holder • Who is my landlord? • If you have a secure contract, almost certainly a community landlord (section 11 or 12). Otherwise, a private landlord. • When does my contract start? • Whenever you make it with the landlord. But the most important date is the date you are allowed to move in (“the occupation date” – section 242). • How do I know my rights and obligations (and my landlord’s)? • Your landlord has to give you a written statement of the contract within 14 days of the occupation date (section 31).

  20. I am a contract-holder • I have been asked to pay a deposit – what happens now? • Your landlord can only ask for a deposit as money or a guarantee (section 43), and • Your landlord must put the money in an “authorised deposit scheme” (section 45 and Schedule 5). • Can someone I live with also be a contract-holder? • Yes, they can be a “joint contract-holder” (Chapter 5 of Part 3) either from the outset, or, if the landlord consents, after the contract begins. The Bill makes a range of provision about how such arrangements work in practice. • What protection do I have from the landlord interfering with my rights? • The landlord must not do anything (other than in the reasonable exercise of the landlord’s rights under the contract) which interferes with your right to live in the dwelling (section 54). This used to be known as the right to “quiet enjoyment”.

  21. I am a contract-holder • What am I not allowed to do under the contract? • You must not engage in “anti-social behaviour”; that is causing nuisance and annoyance to people in or near, or connect with, your home (section 55) • The consequences of this are serious – • you can be evicted on the ground of breach of contract (section 156), or • your landlord can apply to court for your contract to end and be replaced with a “prohibited conduct standard contract” (section 116 and Schedule 7). This means that for 12 months, or 18 months if the landlord extends the “probation period”, you have a periodic standard contract and reduced security of occupation. • Do I have any other rights? • If the contract permits, you can make an occupation contract with someone else to live in your dwelling (sub-occupation: sections 59 to 68); • If the contract permits, you can transfer your rights and obligations to someone else (sections 69 to 72); • The landlord must ensure the building is fit for human habitation and in keep it in repair (Part 4).

  22. I am a secure contract-holder –introductory standard contracts • At the outset of the contract, your community landlord can choose to give you an introductory standard contract rather than a secure contract. This is a periodic standard contract which, when compared to a secure contract, has reduced security of occupation (see below). • The “introductory period” lasts for 12 months, and can be extended to 18 months. • At the end of the introductory period, the contract becomes a secure contract. • See section 16 and Schedule 4.

  23. I am a secure contract-holder –other rights, obligations etc. In addition to what has already been set out… • You and your landlord can vary the terms of the contract in accordance with sections 103 to 110: • Your landlord can vary your rent by notice, • You and your landlord can agree to vary fundamental terms (subject to section 108), and • The other terms can be varied by agreement, or by the landlord by notice. • Joint contract-holders may leave the contract (“withdrawal”) by giving notice (section 111). • You can have a lodger (section 113). • You can transfer the contract- • to someone who could succeed to the contract in the event of your death (sections 114 and 115), and • If you have a community landlord, to another secure contract-holder.

  24. I am a periodic standard contract-holder In addition to what has already been set out (other than in relation to secure contracts)… • The contract can provide that you will not be allowed to live in the dwelling during specified periods (section 121). • You and your landlord can vary the terms of the contract in accordance with sections 122 to 129: • Your landlord can vary your rent by notice, • The other terms can be varied by agreement, or by the landlord by notice. • Joint contract-holders may leave the contract (“withdrawal”) by giving notice (section 130).

  25. I am a fixed term standard contract-holder In addition to what has already been set out (other than in relation to secure contracts and periodic standard contracts)… You and your landlord can agree that you will not be allowed to live in the dwelling during specified periods (section 133). You and your landlord can vary the terms of the contract by agreement (sections 134 to 137). If the contract has a contract-holder’s break clause, joint contract-holders may leave the contract (“withdrawal”) by giving notice (section 138). Sections 139 to 142 make provision about what you, or any joint contract-holders, may and must do if the contract gives you certain rights to transfer your rights and obligations under the contract.

  26. Supported Housing Framework • No recognition for supported housing in current law causes problems – revised in light of consultation responses • Applies after 6 month licence period, extendable on application to Local Authority • Supported housing: accommodation provided by a local authority, RSL or registered charity where related support services are provided • Support services include: addiction support; employment or alternative accommodation support; and independent living support (e.g. age, illness, disability) • Support includes advice, training, guidance and counselling • Excludes direct access (24 hr licence) and care institutions (hospitals, care homes, etc)

  27. Enhanced Management Period • Applies to ‘supported standard contracts’ • Two enhanced management tools: exclusion and mobility • Exclusion - up to 48 hours and no more than three times in six months • Relates to violence, risk of significant harm or seriously impeding provision of support to others • Longer exclusion requires court injunction (as at present) • Mobility – enables providers to move residents within the premises, e.g. if residents are in conflict or to enable new arrivals to be monitored • Aims to provide a sensible legal framework that balances management requirements with individuals' rights

  28. Supported Standard Contracts • Supported Standard Contracts will usually apply to those living in Supported Housing for two years or less • Where tenants have supported accommodation on a longer term basis, they should be issued with Standard Contracts • Monitoring is already in place for tenants in supported housing - we will work with sector to extend to provide information on contract types issued and the length of stay • Aim is to ensure people are not subject to reduced security for longer than necessary • The Bill does ensure individuals cannot be left indefinitely on a licence, which is the most insecure type of contract currently

  29. Supported Standard Contracts • 143 Supported standard contract and supported accommodation • In this Act “supported standard contract” means a standard contract which relates to supported accommodation. • (2) For the purposes of this Act accommodation is “supported accommodation” if— • (a) it is provided by a community landlord or a registered charity, • (b) the landlord or charity (or a person acting on behalf of the landlord or charity) provides support services to a person entitled to occupy the accommodation, and • (c) there is a connection between provision of the accommodation and provision of the support services.

  30. Supported Standard Contracts 143 Supported standard contract and supported accommodation (3) Accommodation in a care institution (within the meaning of paragraph 4 of Schedule 2) is not supported accommodation. (4) “Support services” include— (a) support in controlling or overcoming addiction, (b) support in finding employment or alternative accommodation, and (c) supporting someone who finds it difficult to live independently because of age, illness, disability or any other reason. (5) “Support” includes the provision of advice, training, guidance and counselling.

  31. Supported Standard Contracts • 144 Mobility • A supported standard contract may provide that the dwelling subject to the contract is the dwelling, within a building specified in the contract, as is from time to time specified by the landlord. • (2) If it does so, then references in this Act to the dwelling subject to the occupation contract are to be treated as references to the dwelling for the time being specified by the landlord.

  32. Supported Standard Contracts 145 Temporary exclusion (1) If the landlord under a supported standard contract reasonably believes that a contract-holder has done anything within subsection (2), the landlord may require the contract-holder— (a) to leave the dwelling, and (b) not to return to the dwelling for a specified period. (2) The acts are— (a) using violence against any person in the dwelling, (b) doing something in the dwelling which creates a risk of significant harm to any person, and (c) behaving in the dwelling in a way which seriously impedes the ability of another resident of supported accommodation provided by the landlord to benefit from the support provided in connection with that accommodation.

  33. Supported Standard Contracts • 145 Temporary exclusion • (3) The period specified under subsection (1)(b) may not be longer than 48 hours. • (4) The landlord must give a contract-holder required to leave the dwelling under this section a notice setting out the reasons why he or she is required to leave, and must do so— • (a) when requiring him or her to leave, or • (b) as soon as reasonably practicable afterwards. • (5) The landlord may use the power conferred by this section, in relation to a particular contract-holder, no more than three times in any period of six months. • (6) In this section (except in subsection (2)(c) and this subsection) references to “the landlord” include references to any person designated by the landlord as entitled to exercise the power under this section in relation to the dwelling. • (7) In this section “dwelling” includes any common parts. • (8) This section is a fundamental provision which is incorporated as a term of all supported standard contracts.

  34. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) 13 (1) A tenancy or licence within section 7, but which relates to supported accommodation (see section 143), is not an occupation contract if the landlord intends that the accommodation provided under the tenancy or licence is not to be subject to an occupation contract. (2) But if the tenancy or licence continues after the end of the relevant period, it becomes an occupation contract immediately after the end of that period. (3) The relevant period is (subject to paragraph 14)— (a) the period of six months starting with the start date of the tenancy or licence, or (b) if the relevant period has been extended under paragraph 15, the period starting with the start date of the tenancy or licence and ending with the date specified in the notice of extension.

  35. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) (4) The occupation date of a tenancy or licence which becomes an occupation contract under sub-paragraph (2) is the day immediately after the last day of the relevant period. (5) For the purposes of this Part, the start date of a tenancy or licence is the day on which the tenant or licensee is first entitled under the tenancy or licence to occupy the dwelling subject to the tenancy or licence.

  36. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) Extending the relevant period 15 (1) The landlord may (on one or more occasions) extend the relevant period of a tenancy or licence mentioned in paragraph 13(1) by giving the tenant or licensee a notice of extension in accordance with this paragraph. (2) The relevant period may not be extended by more than three months on any separate occasion. (3) The notice of extension must be given at least four weeks before the date on which the relevant period would end […] (4) Before giving a notice of extension, the landlord must consult the tenant or licensee. (5) A landlord (other than a local housing authority) may not give a notice of extension without the consent of the local housing authority in whose area the accommodation is provided.

  37. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) Extending the relevant period (6) The notice of extension must— (a) state that the landlord has decided to extend the relevant period, (b) set out the reasons for extending the relevant period, (c) if the landlord is not a local housing authority, state that the local housing authority in whose area the accommodation is provided has consented to the extension, and (d) specify the date on which the relevant period will come to an end. (7) The notice of extension must also inform the tenant or licensee that he or she has a right to apply for a review in the county court under paragraph 16, and of the time by which the application must be made.

  38. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) Extending the relevant period (8) In making the decision to extend the relevant period, the landlord may take into account— (a) the conduct of the tenant or licensee (or, if there is more than one tenant or licensee, the conduct of any of them), and (b) the conduct of any person who appears to the landlord to live in the dwelling. (9) A landlord may take a person’s conduct into account under sub-paragraph (8)(b) whether or not the person lives continuously in the dwelling, and whatever the capacity in which the person lives in the dwelling. (10) The Welsh Ministers may make provision by regulations for the purposes of subparagraph (5), including provision about the procedure to be followed in relation to obtaining the consent of a local housing authority.

  39. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) County court review of decision to extend 16 (1) This section applies if a landlord gives a tenant or licensee a notice of extension under paragraph 15. (2) The tenant or licensee may apply to the county court for a review— (a) where the landlord is a local housing authority, of the decision to give a notice of extension, or (b) where the landlord is not a local housing authority, of the local housing authority’s decision to consent to the landlord giving the notice of extension. (3) The application must be made before the end of the period of 14 days starting with the day on which the landlord gives the tenant or licensee a notice of extension.

  40. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) County court review of decision to extend (4) The county court may give permission for an application to be made after the end of the period allowed by sub-paragraph (3), but only if it is satisfied— (a) where permission is sought before the end of that period, that there is a good reason for the tenant or licensee to be unable to make the application in time, or (b) where permission is sought after that time, that there is a good reason for the tenant or licensee’s failure to make the application in time and for any delay in applying for permission. (5) The county court may— (a) confirm or quash the decision, or (b) vary the length of the extension (subject to paragraph 15(2)).

  41. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) County court review of decision to extend (6) In considering whether to confirm or quash the decision or vary the length of the extension, the county court must apply the principles applied by the High Court on an application for judicial review. (7) If the county court varies the length of the extension, the notice of extension has effect accordingly. (8) If the county court quashes the decision— (a) the notice of extension is of no effect, and (b) the county court may make any order the High Court could make when making a quashing order on an application for judicial review.

  42. Supported Standard Contracts TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION (Part 5, Schedule 2) County court review of decision to extend (9) If the county court quashes the decision and the landlord gives the tenant or licensee a further notice of extension under paragraph 15 before the end of the post-review period, the notice has effect as if given in accordance with paragraph 15(3) (other than for the purposes of sub-paragraph (3)). (10) The post-review period is the period of 14 days beginning with the day on which the county court varies the length of the extension or quashes the decision.

  43. How can the contract end?Part 9 • This depends on what kind of contract you have. Section 146 contains a table providing a guide as to which Chapters of Part 9 apply to which kinds of contract. • The following apply to all contracts, and involve the end of a contract without eviction: • You can end the contract before the earlier of the occupation date and provision of a written statement (section 151) ; • At any time you and the landlord can agree to end the contract (section 152); • The contract ends if the landlord commits a major breach of contract (section 153); • The contract ends if a sole contract-holder dies, and there is no-one to succeed him or her.

  44. Termination: all contracts The landlord can apply to the court for an order for possession (make a “possession claim”) if- • You have breached your contract (sections 156 to 158) – the court may make an order for possession only if it thinks it reasonable (see section 205, and as to “reasonableness”, see Schedule 9) – discretionary ground; • One of the “estate management grounds” applies – these are a range of grounds enabling landlords to use their estate, or housing stock, properly. (Sections 159 to 161 and Schedule 8). The court may make an order for possession only if it thinks it reasonable, and if it is satisfied that suitable alternative accommodation is available (see section 206, and as to alternative accommodation, see Schedule 10) – discretionary ground.

  45. Termination: secure contracts • If you have a secure contract, you may end the contract by giving notice to the landlord (section 162). • If you do not leave the dwelling on the date specified in the notice, the landlord can make a possession claim to the court for an order for possession. • If the court is satisfied the ground is made out, it must make an order for possession (subject to any human rights defence) (section 208) – absolute ground. • But, as a secure contract-holder, the landlord has no further rights to evict you.

  46. Termination: periodic standard contracts • As with secure contracts, you may end the contract by giving notice to the landlord (section 167). • The landlord may end the contract for any reason by giving you notice (section 172): • You must be given at least two months notice (section 173); • You can’t be evicted at a time when you haven’t been given a written statement (section 174) or when the landlord is in breach of deposit or security requirements (section 175). • If the landlord makes a claims to the court and the court is satisfied the ground is made out, it must make an order for possession (subject to any human rights defence) (section 211) – absolute ground. • But, “retaliatory evictions”…

  47. Retaliatory evictions • Retaliatory evictions (section 213)- • Applies only in relation to- • landlords’ “no fault” notices under section 172 (periodic standard contracts), and • Landlords’ break clauses (fixed term standard contracts: see section 195); • Turns “absolute ground” into “discretionary ground”; • Applies where court is satisfied that landlord is trying to avoid obligations to keep dwelling fit for human habitation and in repair (Part 4).

  48. Termination: periodic standard contracts 2 • Finally, a landlord may end the contract on the ground that you are in “serious rent arrears” (section 179). • If the court is satisfied the ground is made out, it must make an order for possession (subject to any human rights defence) (section 212) – absolute ground.

  49. Termination: fixed term standard contracts Very similar to termination of periodic standard contracts: If the contract has a “contract-holder’s break clause”, then you can end the contract by giving notice (sections 186 to 190). If the contract has a “landlord’s break clause”, then your landlord can end the contract by giving notice (sections 191 to 197). These provisions work in the same way as the equivalent provisions on periodic standard contracts. Serious rent arrears (section 184) – virtually identical to provision about periodic standard contracts. Also, landlord may give notice in connection with end of the fixed term (section 183). If contract-holder does not leave after such a notice, this leads to an absolute ground for possession.

  50. AbandonmentChapter 13 of Part 9 • Section 216 gives landlords the right to recover property which has been abandoned without recourse to the court. • The landlord can “give” notice to the contract-holder which effectively requires him or her to contact the landlord within four weeks to confirm that he or she has not abandoned the dwelling. • Meanwhile, the landlord must make “inquiries” as to whether the property has been abandoned. • At the end of the process, the landlord can recover possession. • If, within six months of recovery of possession, the contract-holder wishes to contest this, he or she can apply to the court under section 218 (e.g. because there was a good reason for the failure to respond to the notice).

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