Legalize / United Kingdom / Wales / Act of Senedd Cymru

Renting Homes (Wales) Act 2016

Type Act of Senedd Cymru

Publication 2016-01-18

Last updated 2025-09-10

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — OVERVIEW OF ACT

Introduction to Parts 1 and 2 and key concepts in this Act

Landlord, lodger and permitted occupier

1

(1) This Act (in Part 2) provides that—

(a) most individuals who rent their homes under a tenancy or licence, and their landlords, make a contract with each other known as an occupation contract (and in this Act such individuals are referred to as “contract-holders”; see section 7);

(b) there are two kinds of occupation contract, namely—

(i) secure contracts, and

(ii) standard contracts;

(i) fixed term standard contracts, and

(ii) periodic standard contracts,

and the two kinds of standard contract differ in relation to their variation, transfer and termination.

(2) Each kind of occupation contract (and each kind of standard contract) gives different rights to, and imposes different obligations on, the contract-holder and landlord; a secure contract gives greater security of occupation to the contract-holder than a standard contract.

Kinds of landlord

2

(1) This Act (in Part 2) provides—

(a) for two kinds of landlord—

(i) community landlords (which are local authorities, registered social landlords and other kinds of authority), and

(ii) private landlords (which are any landlords who are not community landlords);

(b) that both kinds of landlord may make, or adopt, specific kinds of occupation contract (though this is subject to various exceptions).

(2) In general—

(a) occupation contracts made with or adopted by community landlords are secure contracts, and

(b) contracts made with or adopted by private landlords are standard contracts,

but this is subject to various exceptions.

Fundamental provisions and supplementary provisions of occupation contracts

3

(1) Part 2 of this Act establishes the concept of a “fundamental provision”; that is, a provision of this Act (generally a section) which is automatically included as a term of all occupation contracts, or of specified occupation contracts (and so forms part of the contract between a contract-holder and a landlord).

(2) Once a fundamental provision of this Act is included in an occupation contract, it is referred to as a “fundamental term” of the contract (see section 19).

(3) At the creation of the contract, the parties can agree that a fundamental provision will be included in the contract with changes (referred to in this Act as “modifications”) or that it will not be included at all; however, the parties can only do either of these things if it will improve the contract-holder's position, and there are some fundamental provisions which must be included without changes.

(4) Once an occupation contract has been created the parties can vary its fundamental terms; but there are certain limits to this.

(5) Part 2 of this Act also establishes the concept of a “supplementary provision”; that is, a provision set out in regulations made by the Welsh Ministers which is automatically included as a term of all occupation contracts, or of specified occupation contracts.

(6) Once a supplementary provision is included in an occupation contract, it is referred to as a “supplementary term” of the contract (see section 23).

(7) At the creation of the contract, the parties can agree that a supplementary provision will be included in the contract with modifications or that it will not be included at all, and once an occupation contract has been created, the parties can vary its supplementary terms; but there are certain limits to this.

Identifying provisions of this Act which are fundamental provisions

4

(1) Each provision of this Act which is a fundamental provision—

(a) specifies that it is a fundamental provision, and

(b) specifies the occupation contracts it is applicable to.

(2) Schedule 1 contains three Parts, identifying the fundamental provisions in this Act as follows—

(a) Part 1 identifies the fundamental provisions that are applicable to secure contracts,

(b) Part 2 identifies the fundamental provisions that are applicable to periodic standard contracts, and

Overview of rest of Act

Overview of Parts 3 to 9: operation and termination of occupation contracts

5

(1) Parts 3 to 9 concern occupation contracts.

(2) Part 3 applies to all occupation contracts; it deals with a range of matters about the rights and obligations of parties to occupation contracts.

(3) Parts 4 to 8 apply only to specific kinds of occupation contract—

(a) Part 4 concerns landlords' obligations relating to the condition of dwellings; Chapter 2 (which sets out the obligations) applies to all occupation contracts except fixed term standard contracts for a term of seven years or more, and Chapters 1 and 3 are of general application,

(b) Part 5 applies to secure contracts only (and section 118 applies only to secure contracts with a community landlord),

(d) Part 7 applies to fixed term standard contracts only, and

(e) Part 8 applies to supported standard contracts only (a supported standard contract is an occupation contract which relates to accommodation provided in connection with support services).

(4) Part 9 concerns the termination of occupation contracts; in particular, it contains—

(a) Chapters which apply to all occupation contracts, and

(b) Chapters which apply only to specific kinds of occupation contract.

Overview of Parts 10 and 11: general provision

6

(1) Part 10 concerns miscellaneous matters which are either—

(a) supplementary to Parts 2 to 9, or

(b) about the application and operation of this Act.

(2) Part 11 contains—

(a) provision about the interpretation of this Act, and

(b) provision which applies generally for the purposes of this Act.

PART 2 — OCCUPATION CONTRACTS AND LANDLORDS

CHAPTER 1 — OCCUPATION CONTRACTS

Tenancies and licences that are occupation contracts

7

(1) A tenancy or licence is an occupation contract if—

(a) it is within subsection (2) or (3), and

(b) rent or other consideration is payable under it.

(2) A tenancy or licence is within this subsection if—

(a) it is made between a landlord and an individual, and

(b) it confers on the individual the right to occupy a dwelling as a home.

(3) A tenancy or licence is within this subsection if—

(a) it is made between a landlord and two or more persons at least one of whom is an individual, and

(b) it confers on the individual (or, if there is more than one individual, on one or more of them) the right to occupy a dwelling as a home.

(4) But there are exceptions to subsection (1) set out in Schedule 2, which provides—

(a) in Part 1, that certain tenancies and licences not within subsection (2) or (3) can be occupation contracts if notice is given,

(b) in Part 2, that certain tenancies and licences that are within subsection (2) or (3) are not occupation contracts unless notice is given,

(d) in Parts 4 and 5, that certain tenancies and licences can be occupation contracts, but special rules apply in relation to them, and

(e) in Part 6, that the Welsh Ministers may amend that Schedule.

(5) Each person with whom a landlord makes an occupation contract is a contract-holder under the occupation contract.

(6) But an individual cannot be a contract-holder under an occupation contract if he or she has not reached the age of 18.

Secure contracts and standard contracts

8

(1) An occupation contract is either—

(a) a secure contract, or

(b) a standard contract.

(2) A secure contract is a periodic contract.

(3) A standard contract is either a fixed term contract or a periodic contract.

CHAPTER 2 — NATURE OF CONTRACTS WHICH CAN BE MADE ETC. BY COMMUNITY LANDLORDS AND PRIVATE LANDLORDS

Definitions

Community landlords

9

(1) In this Act “community landlord”means a landlord which is—

(a) an authority mentioned in subsection (2),

(b) a registered social landlord, other than a fully mutual housing association or a co-operative housing association, or

(c) a private registered provider of social housing (see section 80(3) of the Housing and Regeneration Act 2008 (c. 17)).

(2) The authorities are—

(a) a local authority;

(b) a new town corporation;

(d) an urban development corporation;

(e) a housing co-operative to which subsection (3) applies.

(3) This subsection applies to a housing co-operative (within the meaning of section 27B of the Housing Act 1985 (c. 68)) to the extent that any dwelling subject to an occupation contract is comprised in a housing co-operative agreement within the meaning of that section.

(4) In this Act “registered social landlord” means a person registered in the register maintained under section 1 of the Housing Act 1996 (c. 52).

(5) In this Act “fully mutual housing association” and “co-operative housing association” have the same meaning as in the Housing Associations Act 1985 (c. 69) (see section 1(2) of that Act).

(6) The Welsh Ministers may by regulations amend this section for the purpose of—

(a) providing that a person which is for the time being a community landlord is not a community landlord;

(b) providing that a person which is not a community landlord is a community landlord;

Private landlords

10

In this Act “private landlord” means a landlord that is not a community landlord.

Contracts made with or adopted by community landlords

Contract made with community landlord

11

(1) An occupation contract made with a community landlord is a secure contract unless one of the following exceptions applies.

(2) The first exception applies if—

(a) the occupation contract is within Schedule 3 (occupation contracts made with community landlords which may be standard contracts),

(b) before or at the time the contract is made, the landlord gives the contract-holder a notice under section 13 (notice of standard contract), and

(3) The second exception applies if the contract is made as a result of an order under section 116 (prohibited conduct standard contract).

(4) The third exception applies if the contract arises under section 184(2) or is within section 184(6) (contracts at end of fixed term).

(5) The fourth exception applies if the contract is a tenancy or licence arising under section 238 (implied tenancies and licences).

(6) Section 16 makes further provision about contracts to which the first exception applies because the contract is within paragraph 3 of Schedule 3 (introductory standard contracts).

Contract adopted by community landlord

12

(1) If a community landlord becomes the landlord under an existing secure contract, the contract continues as a secure contract.

(2) If a community landlord becomes the landlord under an existing standard contract because of a transfer under section 62 or 66 (transfer of rights and obligations of landlord under a sub-occupation contract), the contract continues as a standard contract.

(3) If a community landlord becomes the landlord under an existing standard contract for any other reason, the existing contract—

(a) ends when the community landlord becomes the landlord, and

(b) is replaced with a secure contract that has an occupation date falling immediately after the existing contract ends,

unless one of the following exceptions applies.

(4) The first exception applies if—

(a) the contract is within Schedule 3 (occupation contracts adopted by community landlords which may be standard contracts),

(b) before or at the time the community landlord becomes the landlord, the community landlord gives the contract-holder a notice under section 13, and

(5) The second exception applies if the contract is made as a result of an order under section 116 (prohibited conduct standard contract).

(6) The third exception applies if the contract arises under section 184(2) or is within section 184(6) (contracts at end of fixed term).

(7) The fourth exception applies if the contract is a tenancy or licence arising under section 238 (implied tenancies and licences).

(8) The fifth exception applies if—

(a) the contract is a fixed term standard contract for which a premium was paid, and

(b) before the community landlord becomes the landlord, the contract-holder decides that the contract should remain a fixed term standard contract (section 15 makes further provision about such decisions).

(9) Section 16 makes further provision about contracts to which the first exception applies because the contract is within paragraph 3 of Schedule 3 (introductory standard contracts).

Notice of standard contract

13

(1) A notice under this section is a notice—

(a) specifying the paragraph of Schedule 3, and the description of occupation contract set out in that paragraph, on which the landlord relies, and

(b) stating that the contract is a standard contract.

(2) The notice must also inform the contract-holder of his or her right to apply for a review under section 14, and of the time by which the application must be made.

Review of notice

14

(1) This section applies where a community landlord gives a notice under section 13.

(2) The contract-holder may apply to the county court for a review of the landlord's decision to give the notice.

(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 contract-holder the notice.

(4) The county court may give permission for an application to be made after the end of the period allowed by subsection (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 contract-holder 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 contract-holder's failure to make the application in time and for any delay in applying for permission.

(5) The county court may confirm or quash the decision to give the notice.

(6) In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review.

(7) If the county court quashes the decision, it may make any order the High Court could make when making a quashing order on an application for judicial review.

(8) If the county court quashes the decision and the landlord gives the contract-holder a further notice under section 13 before the end of the post-review period, the notice has effect (other than for the purposes of subsection (3)) as if given—

(a) in a case within section 11, at the time the contract was made, or

(b) in a case within section 12, at the time the community landlord became the landlord.

(9) The post-review period is the period of 14 days beginning with the day on which the county court quashes the decision.

Notice of right to decide to remain on a fixed term standard contract

15

(1) At least one month before a community landlord becomes the landlord under a fixed term standard contract for which a premium was paid, the community landlord must give the contract-holder a notice under this section.

(2) The notice must—

(a) inform the contract-holder of his or her right under section 12(8)(b) to decide that the contract should remain a fixed term standard contract, and of the time by which the decision must be made, and

(b) explain how section 12 will apply to the contract if the contract-holder does not make such a decision.

Introductory standard contracts

16

(1) An occupation contract which is a standard contract because the first exception in section 11 or 12 applies and because it is within paragraph 3 of Schedule 3 (new occupation contract made with community landlord)—

(a) is a periodic standard contract during the introductory period, and

(b) if it subsists immediately before the end of that period—

(i) ends at the end of that period, and

(ii) is replaced with a secure contract that has an occupation date falling immediately after that period ends.

(2) But subsection (1)(b) does not apply if an introductory period ends because of paragraph 1(6) of Schedule 4 (private landlord becomes landlord under the contract).

(3) Schedule 4 makes provision about introductory periods and about the terms of a secure contract which arises at the end of an introductory period.

(4) In this Act “introductory standard contract” means a contract—

(a) which is within subsection (1), and

(b) in relation to which the introductory period has not ended.

Contracts made with or adopted by private landlords

Contract made with or adopted by private landlord

17

(1) An occupation contract made with a private landlord is a standard contract unless, before or at the time the contract is made, the landlord gives the contract-holder a notice stating that the contract is a secure contract.

(2) If a private landlord becomes the landlord under an existing secure contract, the contract continues as a secure contract.

(3) If a private landlord becomes the landlord under an existing standard contract, the contract continues as a standard contract.

CHAPTER 3 — FUNDAMENTAL PROVISIONS OF OCCUPATION CONTRACTS

Fundamental provisions

18

(1) Fundamental provisions are provisions of this Act (and provisions which are fundamental provisions by virtue of section 22(1)(a)) that are incorporated as terms of occupation contracts or particular kinds or descriptions of occupation contract (subject to sections 20(1) and (2) and 21).

(2) Each provision of this Act that is a fundamental provision identifies itself as such, and specifies the occupation contracts into which it is incorporated as a fundamental term.

(3) Nothing in this Act is to be read as enabling a landlord or contract-holder to do anything which would have the effect that a fundamental provision which is applicable to the occupation contract is not, or is not to be treated as, a fundamental provision which is applicable to the contract (but this does not prevent an agreement to modify or not to incorporate a fundamental provision, or a variation of a fundamental term, which is in accordance with this Act).

Fundamental terms and fundamental provisions: definitions

19

(1) This section applies for the purposes of interpreting this Act.

(2) “Fundamental provision” has the meaning given in section 18.

(3) A reference in this Act to a section or other provision which is a fundamental provision has effect, in relation to a contract in which the fundamental provision is incorporated (with or without modifications), as a reference to the fundamental term of the contract which incorporates the fundamental provision.

(4) “Fundamental term”, in relation to an occupation contract, means a term of the contract which incorporates a fundamental provision (with or without modifications).

Incorporation and modification of fundamental provisions

20

(1) A fundamental provision is not incorporated as a term of an occupation contract if—

(a) the landlord and the contract-holder agree that it should not be incorporated, and

(b) ... the effect of its not being incorporated is that the position of the contract-holder is improved.

(2) A fundamental provision is incorporated as a term of an occupation contract with modifications if—

(a) the landlord and the contract-holder agree that it should be incorporated with those modifications, and

(b) ... the effect of its being incorporated with those modifications is that the position of the contract-holder is improved.

(3) Subsections (1) and (2) do not apply to the following fundamental provisions—

(a) section 45 (requirement to use deposit scheme),

(b) section 52 (joint contract-holder ceasing to be a party to the occupation contract),

(d) sections 103(1)(b) and (2) and 108 (variation of secure contracts),

(e) sections 122(1)(b) and (2) and 127 (variation of periodic standard contracts),

(f) section 134(1)(b) and (2) and 135 (variation of fixed term standard contracts),

(g) section 148 (permissible termination),

(h) section 149 (possession claims),

(i) section 155 (death of sole contract-holder),

(j) section 158 (securing contract by use of false statement),

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) paragraph 7 of Schedule 4 (variation of secure contract addressed in written statement of introductory standard contract), and

(q) Part 1 of Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause).

(4) Subsections (1) and (2) are subject to section 34 (landlord's failure to provide written statement of contract) and section 36 (incomplete statement of contract).

Effect of non-incorporation and modification of fundamental provisions

21

(1) Subsections (2) and (3) apply where—

(a) a fundamental provision is not incorporated as a term of an occupation contract because of an agreement under section 20(1), or

(b) a fundamental provision is incorporated with modifications because of an agreement under section 20(2).

(2) If as a result it is necessary that another fundamental provision or a supplementary provision (see Chapter 4) is not incorporated, that other provision is not incorporated.

(3) If as a result it is necessary that another fundamental provision or a supplementary provision is incorporated with modifications, that provision is incorporated with the necessary modifications (in addition to any modifications made because of an agreement under section 20(2) or section 24(2)).

(4) But subsections (2) and (3) do not apply if their application would have the effect that a fundamental provision mentioned in section 20(3) would not be incorporated or would be incorporated with modifications; accordingly, the agreement mentioned in subsection (1)(a) or (b) has no effect.

Powers in relation to fundamental provisions

22

(1) The Welsh Ministers may by regulations provide that—

(a) a provision of any enactment is a fundamental provision applicable to an occupation contract;

(b) a provision of any enactment that is for the time being a fundamental provision applicable to an occupation contract ceases to be a fundamental provision applicable to an occupation contract.

(2) The Welsh Ministers may by regulations provide that—

(a) section 20(1) does not apply to a fundamental provision;

(b) section 20(2) does not apply to a fundamental provision.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 4 — SUPPLEMENTARY PROVISIONS OF OCCUPATION CONTRACTS

Supplementary provisions

23

(1) The Welsh Ministers may by regulations provide that provisions set out in the regulations are incorporated as terms of occupation contracts (subject to sections 21, 24(1) and (2) and 25); for the purposes of this Act such provisions are “supplementary provisions”.

(2) Before making regulations under subsection (1), the Welsh Ministers must consult such persons as appear to them to be appropriate.

(3) Sections 112 and 131 give the Welsh Ministers further powers to prescribe supplementary provisions relating to time limits for withdrawal of joint contract-holders from secure contracts and periodic standard contracts (and the Welsh Ministers must consult in accordance with subsection (2) before using those powers).

(4) The Welsh Ministers may, under subsection (1), prescribe a provision in an enactment as a supplementary provision applicable to an occupation contract.

(5) In this Act—

“supplementary provision” (“darpariaeth atodol”) (except in relation to sections 255 and 256) has the meaning given in subsection (1) of this section;

“supplementary term” (“teler atodol”), in relation to an occupation contract, means a term of the contract which incorporates a supplementary provision (with or without modifications).

Incorporation and modification of supplementary provisions

24

(1) A supplementary provision is not incorporated as a term of an occupation contract if the landlord and the contract-holder agree that it should not be incorporated.

(2) A supplementary provision is incorporated as a term of an occupation contract with modifications if the landlord and the contract-holder agree that it should be incorporated with those modifications.

(3) An agreement under subsection (1) or (2) that would make a supplementary term of an occupation contract incompatible with a fundamental term of the contract is of no effect.

(4) Subsections (1) and (2) are subject to section 34 (landlord's failure to provide written statement of contract) and section 36 (incomplete written statement).

Effect of non-incorporation and modification of supplementary provisions

25

(1) Subsections (2) and (3) apply where—

(a) a supplementary provision is not incorporated as a term of an occupation contract because of an agreement under section 24(1), or

(b) a supplementary provision is incorporated as a term of the contract with modifications because of an agreement under section 24(2).

(2) If as a result it is necessary that another supplementary provision is not incorporated, the other provision is not incorporated.

(3) If as a result it is necessary that another supplementary provision is incorporated with modifications, the other provision is incorporated with the necessary modifications (in addition to any modifications made because of an agreement under section 24(2)).

CHAPTER 5 — KEY MATTERS AND ADDITIONAL TERMS OF OCCUPATION CONTRACTS

Key matters of all occupation contracts

26

The following are key matters in relation to all occupation contracts—

(a) the dwelling,

(b) the occupation date,

(d) the rental periods.

Further key matters of standard contracts

27

The following are key matters in relation to standard contracts (in addition to those set out in section 26)—

(a) whether the contract is periodic or made for a fixed term,

(b) if it is made for a fixed term, the term for which it is made, and

(c) if there are periods during which the contract-holder is not entitled to occupy the dwelling as a home, those periods (see sections 121 and 133).

Additional terms

28

(1) Additional terms of an occupation contract are any express terms of the contract other than—

(a) the terms addressing the key matters in relation to the contract,

(b) the fundamental terms of the contract, and

(2) An additional term of an occupation contract which is incompatible with any of the terms mentioned in paragraphs (a) to (c) of subsection (1) has no effect.

(3) In this Act “additional terms” has the meaning given by subsection (1).

CHAPTER 6 — MODEL CONTRACTS

Model written statement of contract

29

(1) The Welsh Ministers must prescribe model written statements of contracts for such kinds or descriptions of occupation contract as they think fit.

(2) A model written statement of contract for an occupation contract of a particular kind or description is a written statement (see section 31) which incorporates without modification all the fundamental and supplementary provisions applicable to that contract.

PART 3 — PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS

CHAPTER 1 — OVERVIEW

Overview of this Part

30

This Part applies to all occupation contracts, and in particular—

(a) it requires landlords to give contract-holders a written statement setting out the terms of the occupation contract,

(b) it addresses deposits given to landlords by contract-holders, and provides that deposits must be held in an authorised deposit scheme,

(d) it gives contract-holders a right to occupy their home without interference from the landlord,

(e) it prohibits anti-social behaviour and certain other kinds of conduct by contract-holders and other occupants and visitors,

(f) it prohibits dealing with an occupation contract, but this is subject to exceptions relating to sub-occupation contracts, transfers of the contract and succession to the contract,

(g) it addresses seeking and giving landlord's consent, and

(h) it addresses compensation which contract-holders may be entitled to under this Act.

CHAPTER 2 — PROVISION OF INFORMATION

Written statement of contract

Written statement

31

(1) The landlord under an occupation contract must give the contract-holder a written statement of the contract before the end of the period of 14 days starting with the occupation date.

(2) If there is a change in the identity of the contract-holder under an occupation contract, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—

(a) the day on which the identity of the contract-holder changes, or

(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.

(3) The landlord may not charge a fee for providing a written statement under subsection (1) or (2).

(4) The contract-holder may request a further written statement of the contract at any time.

(5) The landlord may charge a reasonable fee for providing a further written statement.

(6) The landlord must give the contract-holder the further written statement before the end of the period of 14 days starting with—

(a) the day of the request, or

(b) if the landlord charges a fee, the day on which the contract-holder pays the fee.

(7) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

Contents of written statement

32

(1) A written statement of an occupation contract must set out the names of the parties to the contract.

(2) It must also set out—

(a) the terms of the contract addressing key matters in relation to the contract,

(b) the fundamental terms of the contract,

(d) any additional terms.

(3) It must identify—

(a) any fundamental provision applicable to the contract which is not incorporated as a term of the contract because of section 20(1) or 21(2), and

(b) any supplementary provision applicable to the contract which is not incorporated as a term of the contract because of section 21(2), 24(1) or 25(2).

(4) It must contain explanatory information about such matters as may be prescribed.

Editorial changes

33

(1) The written statement may set out the fundamental and supplementary terms of the occupation contract with editorial changes.

(2) Editorial changes are changes to the wording of a fundamental or supplementary term which do not change the substance of that term in any way....

Failure to provide a written statement etc.

34

(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.

(6) 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).

Failure to provide statement: compensation

35

(1) If the landlord under an occupation contract fails to comply with a requirement to provide a written statement under section 31, the landlord is liable to pay the contract-holder compensation under section 87.

(2) The compensation is payable in respect of the relevant date and every day after the relevant date until—

(a) the day on which the landlord gives the contract-holder a written statement of the contract, or

(b) if earlier, the last day of the period of two months starting with the relevant date.

(3) Interest on the compensation is payable if the landlord fails to give the contract-holder a written statement of the contract on or before the day referred to in subsection (2)(b).

(4) The interest starts to run on the day referred to in subsection (2)(b), at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day.

(5) This section does not apply if the landlord's failure to comply with section 31 is attributable to an act or omission of the contract-holder.

(6) The relevant date is the first day of the period before the end of which the landlord was required to give the written statement.

Incomplete statement

36

(1) If the landlord under an occupation contract provides a written statement of the contract that is incomplete, the contract-holder may apply to the court for a declaration as to the terms of the contract.

(2) A written statement is incomplete if it does not include everything required to be included by section 32.

(3) The contract-holder may not apply to the court under subsection (1) before the end of the period of 14 days starting—

(a) if the landlord was required to provide a written statement under section 31(1), with the occupation date;

(b) if the landlord was required to provide a written statement under section 31(2), with the day on which the landlord gave the new contract-holder the written statement;

(c) if the landlord was required to provide a further written statement under section 31(4) to (6), with the first day of the period mentioned in section 31(6).

(4) Subsection (5) applies if the written statement—

(a) does not set out a fundamental provision applicable to the contract and does not contain a statement that the provision is not incorporated because of section 20(1) or 21(2), or

(b) does not set out a supplementary provision applicable to the contract and does not contain a statement that the provision is not incorporated because of section 21(2), 24(1) or 25(2).

(5) That provision is to be treated as incorporated as a term of the contract without modification unless—

(a) section 21 or 25 applies in relation to it, or

(b) the contract-holder claims it was not incorporated or was incorporated with modifications.

(6) If the contract-holder makes a claim of a kind mentioned in subsection (5)(b) the court must determine that claim.

(7) Subsection (6) does not apply if the omission of the provision or statement is attributable to an act or omission of the contract-holder.

(8) The court may—

(a) attach a written statement of the occupation contract to its declaration, or

(b) order the landlord to give the contract-holder a written statement of the contract which is complete.

(9) If the court is satisfied that the written statement is incomplete because of the intentional default of the landlord, it may order the landlord to pay the contract-holder compensation under section 87.

(10) The compensation is payable in respect of the period, not exceeding two months, determined by the court; and the court may order the landlord to pay interest at such rate and calculated in such manner as it thinks fit.

Incorrect statement: contract-holder’s application to court

37

(1) The contract-holder under an occupation contract may apply to the court for a declaration that a written statement of the contract—

(a) sets out a term of the contract incorrectly or sets out a term that is of no effect,

(b) incorrectly states that because of section 20(1) or 21(2), a fundamental provision applicable to the contract has not been incorporated as a term of the contract,

(c) incorrectly states that because of section 21(2), 24(1) or 25(2) a supplementary provision applicable to the contract has not been incorporated as a term of the contract, or

(d) sets out a term that is not a term of the contract.

(2) But a written statement is not incorrect merely because it does not set out a term varied in accordance with the contract or by or as a result of an enactment if—

(a) a written statement of the term varied was given in accordance with section 109, 128 or 136, or

(b) notice of the variation was given in accordance with section 104, 105(2) to (4) or 107(1)(b) and (2) to (6) (variation of secure contracts) or section 123 or 124(2) to (4) (variation of periodic standard contracts),

unless the statement was given under section 31(2) or (4) after any such variation of a term took effect.

(3) The contract-holder may not apply to the court under subsection (1) before the end of the period of 14 days starting—

(a) if the landlord was required to provide a written statement under section 31(1), with the occupation date;

(b) if the landlord was required to provide a written statement under section 31(2), with the day on which the landlord gave the new contract-holder the written statement;

(c) if the landlord was required to provide a further written statement under section 31(4) to (6), with the first day of the period mentioned in section 31(6).

(4) If the court is satisfied that the ground in subsection (1)(a), (1)(b) or (1)(c) is made out, it may make a declaration setting out the correct term.

(5) If the court is satisfied that the ground in subsection (1)(d) is made out, it may make a declaration that the term is not a term of the contract.

(6) The court may—

(a) attach a written statement of the occupation contract to its declaration, or

(b) order the landlord to give the contract-holder a corrected written statement of the contract.

(7) If the court is satisfied that the written statement is incorrect as described in subsection (1) because of the intentional default of the landlord, it may order the landlord to pay the contract-holder compensation under section 87.

(8) The compensation is payable in respect of the period, not exceeding two months, determined by the court; and the court may order the landlord to pay interest at such rate and calculated in such manner as it thinks fit.

Incorrect statement: landlord’s application to court for declaration that contract is a standard contract

38

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

(a) a notice under section 13 (notice of standard contract), but

(b) a written statement of the contract that is consistent with a secure contract.

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

(3) 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.

(4) 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.

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

(6) The court may—

(a) attach a written statement of the occupation contract to its declaration, or

(b) order the landlord to give the contract-holder a corrected written statement of the contract.

Provision by landlord of information about landlord

39

(1) The landlord under an occupation contract must, before the end of the period of 14 days starting with the occupation date of the contract, give the contract-holder notice of an address to which the contract-holder may send documents that are intended for the landlord.

(2) If there is a change in the identity of the landlord, the new landlord must, before the end of the period of 14 days starting with the day on which the new landlord becomes the landlord, give the contract-holder notice of the change in identity and of an address to which the contract-holder may send documents that are intended for the new landlord.

(3) If the address to which the contract-holder may send documents that are intended for the landlord changes, the landlord must, before the end of the period of 14 days starting with the day on which the address changes, give the contract-holder notice of the new address.

(4) Paragraph 3 of Schedule 9A makes 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 notice required under this section.

(5) Subsections (1) to (3) of this section are fundamental provisions which are incorporated as a term of all occupation contracts.

Compensation for breach of section 39

40

(1) If the landlord fails to comply with an obligation under section 39, the landlord is liable to pay the contract-holder compensation under section 87.

(2) The compensation is payable in respect of the relevant date and every day after the relevant date until—

(a) the day on which the landlord gives the notice in question, or

(b) if earlier, the last day of the period of two months starting with the relevant date.

(3) Interest on the compensation is payable if the landlord fails to give the contract-holder the notice on or before the day referred to in subsection (2)(b).

(4) The interest starts to run on the day referred to in subsection (2)(b), at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day.

(5) The relevant date is the first day of the period before the end of which the landlord was required to give the notice.

(6) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

Form of notices, statements and other documents

Form of notices etc.

41

(1) Any notice, statement or other document required or authorised to be given or made by an occupation contract must be in writing.

(2) Sections 236 and 237 make further provision about form of notices and other documents, and about how to deliver or otherwise give a document required or authorised to be given to a person by or because of this Act.

(3) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

CHAPTER 3 — WHEN CONTRACT BECOMES ENFORCEABLE

When terms of occupation contract become enforceable

42

(1) No term of an occupation contract is enforceable against the contract-holder before the earlier of—

(a) the landlord giving the contract-holder a written statement of the contract under section 31(1), and

(b) the occupation date.

(2) If there is a change in the identity of the contract-holder under an occupation contract, no term of the occupation contract is enforceable against the new contract-holder before the earlier of—

(a) the landlord giving the new contract-holder a written statement of the contract under section 31(2), and

(b) the day on which the new contract-holder becomes entitled to occupy the dwelling.

CHAPTER 4 — DEPOSITS AND DEPOSIT SCHEMES

Security

Form of security

43

(1) The landlord under an occupation contract may not require security to be given in any form other than—

(a) money, or

(b) a guarantee.

(2) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

Form of security: county court proceedings

44

(1) This section applies if—

(a) the landlord under an occupation contract requires security to be given in a form which is not permitted by section 43, and

(b) security is given in that form.

(2) The contract-holder (or any person who has given the security on his or her behalf) may apply to the county court for an order under subsection (3).

(3) An order under this subsection is an order requiring the person who appears to be holding the property constituting the security to return it.

Deposit schemes

Requirement to use deposit scheme

45

(1) If the contract-holder under an occupation contract pays a deposit (or another person pays a deposit on his or her behalf), the deposit must be dealt with in accordance with an authorised deposit scheme.

(2) Before the end of the period of 30 days starting with the day on which the deposit is paid, the landlord must—

(a) comply with the initial requirements of an authorised deposit scheme, and

(b) give the contract-holder (and any person who has paid the deposit on his or her behalf) the required information.

(3) The required information is such information as may be prescribed relating to—

(a) the authorised deposit scheme which applies,

(b) the landlord's compliance with the initial requirements of the scheme, and

(c) the operation of this Chapter, including the contract-holder's rights (and the rights of any person who has paid the deposit on his or her behalf) in relation to the deposit.

(4) This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

(a) must be incorporated, and

(b) must not be incorporated with modifications.

Deposit schemes: further provision

46

(1) Schedule 5 contains further provision about deposit schemes.

(2) Paragraph 4 of Schedule 9A makes 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 complied with certain requirements relating to the payment of security or to deposit schemes.

Deposit schemes: interpretation

47

(1) In this Act—

“authorised deposit scheme” (“cynllun blaendal awdurdodedig”) means a deposit scheme in force in accordance with arrangements under paragraph 1 of Schedule 5 (and “deposit scheme” (“cynllun blaendal”) has the meaning given in sub-paragraph (2) of that paragraph);

“deposit” (“blaendal”) means money paid as security;

“initial requirements” (“gofynion cychwynnol”), in relation to an authorised deposit scheme, means the requirements of the scheme which must be complied with by the landlord when a deposit is paid;

“security” (“sicrwydd”) means security for the performance of the contract-holder's obligations and the discharge of the contract-holder's liabilities.

(2) In this Act references to a deposit, in relation to a time after a deposit has been paid, are to a sum representing the deposit.

CHAPTER 5 — JOINT CONTRACT-HOLDERS AND JOINT LANDLORDS

Joint contract-holders

Joint contract-holders: joint liability etc.

48

(1) If there are two or more joint contract-holders under an occupation contract, each joint contract-holder is fully liable to the landlord for the performance of every obligation owed to the landlord under the contract.

(2) References in this Act to the contract-holder, except where otherwise provided, are to the joint contract-holders.

(3) Subsection (2) applies even if the occupation contract is a tenancy and the leasehold estate is vested in one or more, but not all, of the joint contract-holders.

Adding a joint contract-holder

49

(1) The contract-holder under an occupation contract and another person may, with the consent of the landlord, make that person a joint contract-holder under the contract.

(2) If a person is made a joint contract-holder under this section he or she becomes entitled to all the rights and subject to all the obligations of a contract-holder under the contract from the day on which he or she becomes a joint contract-holder.

(3) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

50

Where a landlord refuses consent or consents subject to conditions to adding a joint contract-holder under section 49, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6.

Adding a joint contract-holder: formalities

51

(1) The addition of a joint contract-holder under an occupation contract may be effected only by a document signed or executed by each of the parties to the transaction.

(2) If the contract requires the landlord's consent to the addition, the document must also be signed or executed by the landlord.

(3) But subsection (2) does not apply if the landlord is treated as having consented under section 84(6), (8) or (10).

Joint contract-holders: survivorship

Joint contract-holder ceasing to be a party to the occupation contract

52

(1) If a joint contract-holder under an occupation contract dies, or ceases to be a party to the contract for some other reason, from the time he or she ceases to be a party the remaining joint contract-holders are—

(a) fully entitled to all the rights under the contract, and

(b) liable to perform fully every obligation owed to the landlord under the contract.

(2) The joint contract-holder is not entitled to any right or liable to any obligation in respect of the period after he or she ceases to be a party to the contract.

(3) Nothing in subsection (1) or (2) removes any right or waives any liability of the joint contract-holder accruing before he or she ceases to be a party to the contract.

(4) This section does not apply where a joint contract-holder ceases to be a party to the contract because his or her rights and obligations under the contract are transferred in accordance with the contract.

(5) This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

(a) must be incorporated, and

(b) must not be incorporated with modifications.

Joint landlords

53

(1) This section applies if two or more persons jointly constitute the landlord under an occupation contract.

(2) Each of them is fully liable to the contract-holder for the performance of every obligation owed to the contract-holder under the contract.

(3) References in this Act to the landlord are to the persons who jointly constitute the landlord.

CHAPTER 6 — RIGHT TO OCCUPY WITHOUT INTERFERENCE

Right to occupy without interference from landlord

54

(1) The landlord under an occupation contract may not, by any act or omission, interfere with the contract-holder's right to occupy the dwelling.

(2) The landlord does not interfere with the contract-holder's right to occupy the dwelling by reasonably exercising the landlord's rights under the contract.

(3) The landlord does not interfere with the contract-holder's right to occupy the dwelling because of a failure to comply with repairing obligations (within the meaning of section 100(2)).

(4) The landlord is to be treated as having interfered with the contract-holder's right if a person who—

(a) acts on behalf of the landlord, or

(b) has an interest in the dwelling, or part of it, that is superior to the landlord's interest,

interferes with the contract-holder's right by any lawful act or omission.

(5) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

55

(1) The contract-holder under an occupation contract must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person with a right (of whatever description)—

(a) to live in the dwelling subject to the occupation contract, or

(b) to live in a dwelling or other accommodation in the locality of the dwelling subject to the occupation contract.

(2) The contract-holder must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person engaged in lawful activity—

(a) in the dwelling subject to the occupation contract, or

(b) in the locality of that dwelling.

(3) The contract-holder must not engage or threaten to engage in conduct—

(a) capable of causing nuisance or annoyance to—

(i) the landlord under the occupation contract, or

(ii) a person (whether or not employed by the landlord) acting in connection with the exercise of the landlord's housing management functions, and

(b) that is directly or indirectly related to or affects the landlord's housing management functions.

(4) The contract-holder may not use or threaten to use the dwelling subject to the occupation contract, including any common parts and any other part of a building comprising the dwelling, for criminal purposes.

(5) The contract-holder must not, by any act or omission—

(a) allow, incite or encourage any person who is living in or visiting the dwelling to act as mentioned in subsections (1) to (3), or

(b) allow, incite or encourage any person to act as mentioned in subsection (4).

(6) This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—

(a) must be incorporated, and

(b) must not be incorporated with modifications.

Power to amend section 55

56

The Welsh Ministers may by regulations amend section 55.

CHAPTER 8 — DEALING

Rights to deal with occupation contract

Permissible forms of dealing

57

(1) The contract-holder under an occupation contract may not deal with the occupation contract, the dwelling or any part of the dwelling except—

(a) in a way permitted by the contract, or

(b) in accordance with a family property order (see section 251).

(2) A joint contract-holder may not deal with his or her rights and obligations under the occupation contract (or with the occupation contract, the dwelling or any part of the dwelling), except—

(a) in a way permitted by the contract, or

(b) in accordance with a family property order.

(3) If the contract-holder does anything in breach of subsection (1), or a joint contract-holder does anything in breach of subsection (2)—

(a) the transaction is not binding on the landlord, and

(b) the contract-holder or joint contract-holder is in breach of the contract (despite the transaction not being binding on the landlord).

(4) “Dealing” includes—

(a) creating a tenancy, or creating a licence which confers the right to occupy the dwelling;

(b) transferring;

(5) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

58

(1) Where a term of an occupation contract permits the contract-holder or a joint contract-holder to deal with anything mentioned in section 57(1) or (2) only with the landlord's consent, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6.

(2) Section 19(1) of the Landlord and Tenant Act 1927 (c. 36) (effect of covenants not to assign etc. without consent) does not apply to a tenancy which is an occupation contract.

Sub-occupation contracts

Sub-occupation contracts: interpretation

59

(1) This section applies for the purposes of interpreting this Act.

(2) A “sub-occupation contract” is an occupation contract—

(a) made with a landlord who is the contract-holder under an occupation contract, and

(b) which relates to all or part of the dwelling to which that contract relates.

(3) “Sub-holder” means the contract-holder under the sub-occupation contract.

(4) “Head landlord” means the landlord under the head contract.

Sub-occupation contract never takes effect as transfer

60

(1) This section applies if 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.

(2) The sub-occupation contract takes effect as a sub-occupation contract (and not as a transfer to the sub-holder).

Failure to comply with conditions imposed by head landlord

61

(1) This section applies if an occupation contract (“the head contract”) permits the contract-holder to enter into a sub-occupation contract with the consent of the head landlord.

(2) If the head landlord consents subject to conditions (see section 84), before entering into a sub-occupation contract with a person the contract-holder must notify that person of those conditions.

(3) If the contract-holder does not comply with the requirement in subsection (2) and a sub-occupation contract is entered into, the contract-holder is to be treated as having committed a repudiatory breach of the sub-occupation contract (see section 154).

(4) If the head landlord consents subject to conditions and a sub-occupation contract is entered into—

(a) section 32 is to be read in relation to that contract as if it provides (in addition to the other requirements under that section) that the written statement of the sub-occupation contract must set out the conditions imposed by the head landlord, and

(b) section 37 is to be read in relation to that contract as if it provides (in addition to the other provisions in that section)—

(i) in subsection (1), that the sub-holder can apply to the court for a declaration that the written statement sets out a condition incorrectly or sets out a condition which the head landlord did not impose,

(ii) that the head landlord is entitled to be a party to proceedings on the application, and

(iii) that the court, if satisfied that either of the grounds in sub-paragraph (i) is made out, may make a declaration setting out the correct condition or, as the case may be, may declare that the condition is not a condition imposed by the head landlord.

(5) A sub-occupation contract is not made otherwise than in accordance with the head contract only because—

(a) the head landlord consents subject to conditions, and

(b) the conditions are not complied with.

(6) In such a case the head landlord may choose to treat the sub-occupation contract as a periodic standard contract having the following characteristics—

(a) all the fundamental and supplementary provisions applicable to a periodic standard contract are incorporated without modification,

(b) any terms of the secure contract or fixed term standard contract which are incompatible with those fundamental or supplementary provisions have no effect, and

(c) otherwise, the terms of the periodic standard contract are the same as the terms of the secure contract or fixed term standard contract.

(7) If the head landlord chooses to treat it as a periodic standard contract under subsection (6), the head landlord must notify the contract-holder and the sub-holder of that choice.

(8) The head landlord may only give notice under subsection (7) after the sub-occupation contract is made and before the end of the period of two months starting with the day on which the head contract ends.

(9) If the head landlord gives notice in accordance with subsections (7) and (8), the contract is to be treated as a periodic standard contract with the characteristics mentioned in subsection (6) in any question arising between the sub-holder and any person other than the contract-holder.

End of head contract

62

(1) This section applies (subject to subsection (6)) if—

(a) the contract-holder under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and

(b) the head contract ends after the head contract's occupation date.

(2) If the sub-occupation contract subsists immediately before the head contract ends—

(a) the sub-occupation contract continues (as an occupation contract which is not a sub-occupation contract), and

(b) the contract-holder's rights and obligations as landlord under the sub-occupation contract are transferred to the head landlord.

(3) If the sub-holder asks the head landlord for a further written statement of the contract under section 31(4) (and subsection (5) of this section does not apply), the references to the contract-holder in sections 34(4) and 35(5) (failure to provide statement) include the person who was the contract-holder under the head contract.

(4) Subsection (5) applies where—

(a) a head landlord has given notice in accordance with section 61(7) and (8) in relation to a contract, and

(b) the contract continues because of subsection (2)(a) of this section.

(5) Where this subsection applies, for the purposes of section 31(1) (written statement of contract) the occupation date of the contract is to be treated—

(a) if the notice mentioned in section 61(7) is given to the sub-holder before the end of the head contract, as the day on which the head contract ends;

(b) if the notice is given to the sub-holder on or after the day on which the head contract ends, as the day on which the notice is given.

(6) This section does not apply if the head contract is a fixed term standard contract which ends at the end of the fixed term.

End of head contract: further provision

63

(1) Nothing in section 62 affects any right of the head landlord under section 61(6) (power to treat sub-occupation contract as periodic standard contract).

(2) Nothing in section 62 makes the head landlord liable to the sub-holder in respect of any breach of the sub-occupation contract committed by the contract-holder.

(3) Nothing in section 62 makes the sub-holder liable to the head landlord in respect of any breach by the sub-holder of the sub-occupation contract that occurred before the head contract ended.

(4) But the head landlord may be liable to the sub-holder, or the sub-holder to the head landlord, to the extent that any breach of the sub-occupation contract continues after the head contract ends.

(5) Subsections (3) and (4) do not affect any power conferred on the head landlord by the sub-occupation contract.

Possession claim against contract-holder where there is a sub-holder

64

(1) This section applies if—

(a) the contract-holder (“C”) under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and

(b) after the sub-occupation contract is entered into, C's landlord gives C a possession notice, or other notice informing C that he or she must give up possession.

(2) At the same time as giving a notice mentioned in subsection (1)(b) to C, C's landlord must give the sub-holder a notice—

(a) stating that C's landlord intends to make a possession claim against C, and

(b) specifying the ground on which the claim will be made.

Extended possession order against sub-holder

65

(1) This section applies if—

(a) the contract-holder (“C”) under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and

(b) after the sub-occupation contract is entered into, C's landlord makes a possession claim against C.

(2) In the proceedings on the claim against C, C's landlord may apply for an order for possession against the sub-holder (“S”) (an “extended possession order”); but an application under this subsection may be made only if—

(a) the requirements set out in subsection (3) have been met, or

(b) the court considers it reasonable to dispense with those requirements.

(3) The requirements are as follows—

(a) C's landlord must have given S a notice in accordance with section 64(2), and

(b) at the same time, C's landlord must have given S notice—

(i) of C's landlord's intention to apply for an extended possession order in the proceedings on the claim against C, and

(ii) of S's right to be a party to proceedings on the possession claim against C.

(4) Where C's landlord may apply for an extended possession order against S, S is entitled to be a party to proceedings on the possession claim against C (regardless of whether C's landlord makes an application for an extended possession order in the proceedings).

(5) The court may consider C's landlord's application for an extended possession order only if it has decided to make an order for possession against C.

(6) The court may make an extended possession order against S only if, had C made a possession claim against S, the court would have made an order for possession against S.

Exclusion of contract-holder after abandoning contracts

66

(1) This section applies if—

(a) a contract-holder (“C”) under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and

(b) the sub-holder (“S”) believes that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract.

(2) S may act to end the head contract in accordance with this section.

(3) S must give C a notice—

(a) stating that S believes that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract,

(b) requiring C to inform S in writing before the end of the warning period if he or she does consider himself or herself to be a party to one or both of those contracts, and

(c) informing C that after the warning period the head contract may be ended and his or her rights and obligations under the sub-occupation contract may be transferred to C's landlord.

(4) S must give a copy of the notice to C's landlord.

(5) During the warning period, S must make such inquiries as are necessary to satisfy himself or herself that C no longer considers himself or herself to be a party to the head contract and the sub-occupation contract.

(6) At the end of the warning period S may, if satisfied as described in subsection (5), apply to the court for an order—

(a) ending the head contract, and

(b) that C's rights and obligations as landlord under the sub-occupation contract are to be transferred to C's landlord in accordance with sections 62 and 63.

(7) The court may not hear S's application under subsection (6) if S has failed to comply with the requirement in subsection (4); but the court may dispense with that requirement if it considers it reasonable to do so.

(8) C's landlord is entitled to be a party to proceedings on an application made by S under subsection (6).

(9) If the court is satisfied that C does not consider himself or herself to be a party to the head contract and the sub-occupation contract, it may make the order applied for under subsection (6); and if it does so it must specify the date on which the head contract ends.

(10) But the court may not make an order under subsection (9) if—

(a) C's landlord is a party to the proceedings,

(b) C's landlord asserts that the court would have made an order for possession against S, had an application for such an order been made by C in a possession claim made by C against S, and

(11) The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to C.

Excluded contract-holder’s remedies

67

(1) This section applies if the court makes an order against C under section 66(9).

(2) Before the end of the period of six months starting with the day on which the order is made, C may apply to the court on a ground in subsection (3) for an order and declaration under subsection (4)(a).

(3) The grounds are—

(a) that S failed to give C a notice under section 66(3) or failed to make the inquiries required by section 66(5);

(b) that C considered himself or herself to be a party to the head contract or the sub-occupation contract or both of them and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 66(3);

(c) that, when S applied to the court, he or she did not have reasonable grounds for being satisfied that C considered himself or herself not to be a party to the head contract and the sub-occupation contract.

(4) If the court finds that one or more of the grounds is made out, it may—

(a) by order rescind its order under section 66(9), and declare that the head contract continues to have effect in relation to the dwelling, and

(b) make such further order as it thinks fit.

Power to vary periods of time relating to exclusion after abandonment of contracts

68

The Welsh Ministers may by regulations—

(a) amend section 66(11) by substituting a different period for the period for the time being referred to;

(b) amend section 67(2) by substituting a different period for the period for the time being referred to.

Transfer

Form of transfer

69

(1) This section applies (subject to subsection (6)) to—

(a) a transfer of an occupation contract by the contract-holder;

(b) a transfer by a joint contract-holder of his or her rights and obligations under an occupation contract.

(2) The transfer must be signed or executed by each of the parties to the transfer.

(3) If the contract requires the landlord's consent to the transfer, the transfer must also be signed or executed by the landlord.

(4) But subsection (3) does not apply if the landlord is treated as having consented under section 84(6), (8) or (10).

(5) A transfer to which this section applies is of no effect if it does not comply with subsection (2) and, if it applies, subsection (3).

(6) This section does not apply to a transfer in accordance with a term included in the contract under section 139 or 142 (certain transfers of fixed term standard contracts).

Effect of authorised transfer

70

(1) If an occupation contract is transferred by the contract-holder to a person (“P”) in accordance with the contract and section 69, on the transfer date—

(a) P becomes entitled to all the rights and subject to all the obligations of the contract-holder under the contract, and

(b) the contract-holder ceases to be entitled to any rights or subject to any obligations under the contract.

(2) If a joint contract-holder's rights and obligations under an occupation contract are transferred to a person (“P”) in accordance with the contract and section 69, on the transfer date—

(a) P becomes entitled to all the rights and subject to all the obligations of the joint contract-holder under the contract, and

(b) the joint contract-holder ceases to be entitled to any rights or subject to any obligations under the contract.

(3) Subsection (2)(a) is subject to any term included in the contract because of section 141(3) or 142(3) (fixed term standard contracts: transfers of joint contract-holder's interest).

(4) Nothing in subsection (1)(b) or (2)(b) removes any right or waives any liability accruing before the transfer date.

(5) The transfer date is the day agreed by the contract-holder and P as the day on which the transfer takes effect.

Effect of unauthorised transfer

71

(1) This section applies to—

(a) a transfer of an occupation contract by the contract-holder to a person (“P”) which is not in accordance with the contract, and

(b) a transfer by a joint contract-holder of his or her rights and obligations under an occupation contract to a person (“P”) which is not in accordance with the contract.

(2) If the landlord accepts payments from P in respect of P's occupation of the dwelling, at a time when the landlord (or in the case of joint landlords, any one of them)—

(a) knows that the transfer was not made in accordance with the contract, or

(b) ought reasonably to know that the transfer was not made in accordance with the contract,

the transfer becomes binding on the landlord on the day immediately after the last day of the relevant period.

(3) Section 70 applies as if—

(a) the transfer was made in accordance with the contract and section 69, and

(b) the transfer date was the day immediately after the last day of the relevant period.

(4) The relevant period is the period of two months starting with the day on which payments are first accepted as described in subsection (2).

(5) Subsections (2) and (3) do not apply if before the end of the relevant period the landlord⁠—

(a) takes steps to end the occupation contract, or

(b) brings proceedings to evict P as a trespasser or otherwise shows an intention to treat P as a trespasser.

(6) References in this section to a transfer include a purported transfer which does not comply with section 69.

Deeds and covenants

72

(1) This section applies in relation to occupation contracts which are tenancies.

(2) Section 52 of the Law of Property Act 1925 (c. 20) (land must be conveyed by deed) does not apply to a transfer of the contract.

(3) The Landlord and Tenant (Covenants) Act 1995 (c. 30) does not apply to—

(a) a transfer by a contract-holder of any of the things mentioned in section 57(1), or by a joint contract-holder of any of the things mentioned in section 57(2), or

(b) a transfer which under section 28(6)(b) of that Act would be treated as an assignment of the premises.

Succession

Succession on death

73

(1) This section applies on the death of the sole contract-holder under an occupation contract (subject to section 139(2), which concerns fixed term standard contracts containing certain provision about transfer on the death of a sole contract-holder).

(2) If one person is qualified to succeed the contract-holder that person succeeds to the contract.

(3) If more than one person is qualified to succeed the contract-holder, the person identified in accordance with section 78 succeeds to the contract.

Persons qualified to succeed

74

(1) A person is qualified to succeed the contract-holder if that person—

(a) is a priority successor of the contract-holder or a reserve successor of the contract-holder, and

(b) is not excluded by subsection (3) or (4).

(2) But if the contract-holder was a reserve successor in relation to the occupation contract, no person is qualified to succeed him or her.

(3) A person is excluded if he or she has not reached the age of 18 at the time of the contract-holder's death.

(4) A person is excluded if at any time in the period of 12 months ending with the contract-holder's death he or she occupied the dwelling or part of it under a sub-occupation contract.

(5) A person is not excluded by subsection (4) if—

(a) he or she is a priority successor of the contract-holder, or he or she is a reserve successor of the contract-holder who meets the family member condition in section 76(2) because of section 250(1)(a) or (b) (spouses, civil partners etc.), and

(b) the sub-occupation contract under which he or she occupied the dwelling or part of it ended before the contract-holder's death.

Priority successor

75

(1) A person is a priority successor of the contract-holder if—

(a) he or she—

(i) is the spouse or civil partner of the contract-holder, or

(ii) lives together with the contract-holder as if they were spouses or civil partners, and

(b) he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death.

(2) But no person is a priority successor of the contract-holder if the contract-holder was a priority successor in relation to the occupation contract.

Reserve successor: family member

76

(1) A person is a reserve successor of the contract-holder if he or she is not a priority successor of the contract-holder and—

(a) he or she meets the family member condition,

(b) he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death, and

(c) if he or she meets the family member condition because of section 250(1)(c) (family members other than spouses, civil partners etc.), he or she also meets the basic residence condition.

(2) A person meets the family member condition if he or she is a member of the contract-holder's family.

(3) A person meets the basic residence condition if throughout the period of 12 months ending with the contract-holder's death—

(a) he or she occupied the dwelling, or

(b) he or she lived with the contract-holder.

(4) If the contract-holder was a priority successor in relation to the occupation contract, the references in subsections (2) and (3)(b) to the contract-holder include the person the contract-holder succeeded.

Reserve successor: carer

77

(1) A person is a reserve successor of the contract-holder if he or she is not a priority successor of the contract-holder and—

(a) he or she meets the carer condition,

(b) he or she occupied the dwelling as his or her only or principal home at the time of the contract-holder's death, and

(2) A person meets the carer condition if at any time in the period of 12 months ending with the contract-holder's death he or she was a carer in relation to—

(a) the contract-holder, or

(b) a member of the contract-holder's family who, at the time the care was provided, lived with the contract-holder.

(3) If the contract-holder was a priority successor in relation to the occupation contract, the references in subsection (2) to the contract-holder include the person the contract-holder succeeded.

(4) A person meets the carer residence condition if—

(a) he or she meets the basic residence condition, as set out in section 76(3) and (4), and

(b) at the time of the contract-holder's death there was no other dwelling which the person was entitled to occupy as a home.

(5) “Carer” means a person who—

(a) provides or intends to provide a substantial amount of care for another person on a regular basis, and

(b) does not provide or will not provide that care because of a contract of employment or other contract with any person.

(6) A person does not provide care because of a contract merely because he or she is given board or lodging or because he or she may become qualified to succeed as a reserve successor.

More than one qualified successor

78

(1) This section applies where there is more than one person who is qualified to succeed the contract-holder.

(2) If one of the persons is a priority successor, the priority successor succeeds to the contract.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.