Section 38 Incorrect statement: landlord's application to court for declaration that contract is a standard contractI1

This section applies if the landlord under an occupation contract is a community landlord and has given the contract-holder—

The landlord may apply to the court for a declaration that the contract is a standard contract.

The court may not make the declaration if it is satisfied that, at the time the landlord gave the written statement to the contract-holder, it was the intention of the landlord that the contract should be a secure contract.

If the court makes the declaration each fundamental and supplementary provision applicable to the contract is incorporated as a term of the contract without modification, unless the contract-holder claims it was not incorporated or was incorporated with modifications.

If the contract-holder makes a claim of a kind mentioned in subsection (4), the court must determine that claim.

The court may—