Common use of Fundamental Terms Clause in Contracts

Fundamental Terms. these are provisions of the RHWA that are automatically included as terms of an occupation contract. Some cannot be changed and must reflect the wording in the RHWA. However, others can be left out or changed, but only if you and the landlord agree to do that and it benefits you as the contract-holder. these are provisions, set out in regulations made by the Welsh Ministers, which are also automatically included as terms of an occupation contract. However, providing you and the landlord agree to it, these can be left out or changed, either to benefit you or the landlord. Supplementary terms cannot be omitted or modified in a way that would make those terms incompatible with a fundamental term. Where a fundamental or supplementary term has been left out or changed, this must be identified in this written statement. In this statement this will be done by showing the deleted text struck through and with any additional text in italics. The terms of your contract may also include: These are provisions agreed by you and the landlord, which can cover any other matter, provided they do not conflict with a key matter, a fundamental term or a supplementary term. Under section 62 of the Consumer Rights Act 2015, an additional term, or any change to a supplementary term, which is unfair (within the meaning of that Act), is not binding on you. An incorrect or incomplete written statement may mean the landlord is liable to pay you compensation. Where any changes to this contract are agreed after the start of this contract, the landlord must provide you with a written copy of the new term or terms or a new written statement of this contract, within 14 days of the change being agreed. Your contract is a fixed term standard contract, which means that it initially lasts for a specified period of time agreed between you and the landlord and that you must at the property at the end of the fixed term. It also means that you cannot be evicted without a court order, unless you abandon the dwelling. Before a court makes such an order your landlord must demonstrate that the correct procedures have been followed and at least one of the following is satisfied—