PART 3PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS
CHAPTER 2PROVISION OF INFORMATION
Written statement of contract
I134Failure to provide a written statement etc.
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.
F16
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).