Renting Homes (Wales) Act 2016

• (3) If two or more of the persons are priority successors, the person who succeeds to the contract is (or the persons who succeed to the contract are)—

• (a) the priority successor (or successors) selected by agreement between the priority successors, or

• (b) if they fail to agree (or fail to notify the landlord of an agreement) within a reasonable time, whichever of them the landlord selects.

• (4) If all the persons are reserve successors, the person who succeeds to the contract is (or the persons who succeed to the contract are)—

• (a) the person (or persons) selected by agreement between the reserve successors, or

• (b) if they fail to agree (or fail to notify the landlord of an agreement) within a reasonable time, whichever of them the landlord selects.

• (5) Where the landlord makes a selection under subsection (3)(b), a priority successor who is not selected may appeal to the court against the landlord's selection.

• (6) Where the landlord makes a selection under subsection (4)(b), a reserve successor who is not selected may appeal to the court against the landlord's selection.

• (7) An appeal under subsection (5) or (6) must be brought before the end of the period of four weeks starting with the day on which the landlord notifies the person that he or she has not been selected.

• (8) The court must determine the appeal on the merits (and not by way of review).

Effect of succession

79

• (1) A person who succeeds to an occupation contract under section 73(2) or sections 73(3) and 78(2) becomes the contract-holder on the relevant date.

• (2) A person who succeeds (or persons who succeed) to an occupation contract under sections 73(3) and 78(3) or (4) becomes a contract-holder (or become contract-holders) on the later of—

• (a) the relevant date, and

• (b) the day agreement is reached or the landlord makes a selection.

• (3) A person who succeeds (or persons who succeed) to an occupation contract after an appeal under section 78(5) or (6) against the landlord's selection becomes a contract-holder (or become contract-holders) on the later of—

• (a) the relevant date, and

• (b) the day on which the appeal is finally determined.

• (4) The relevant date is the day on which the contract would have ended under section 155 if no one had been qualified to succeed to the contract.

• (5) During the period beginning with the relevant date and ending with a person (or persons) becoming the contract-holder under subsection (2) or (3), the relevant successors⁠—

• (a) are not to be treated as trespassers in relation to the dwelling, and

• (b) for the purposes of any liability under the contract are to be treated as if they were joint contract-holders under the contract.

• (6) “The relevant successors” are the persons who—

• (a) are qualified to succeed the contract-holder who died, and

• (b) are living in the dwelling.

Substitute succession on early termination

80

• (1) This section applies where—

• (a) a person (“S”) succeeds to an occupation contract under section 78(2) (priority successors),

• (b) before the end of the period of six months starting with the death of the preceding contract-holder, S gives notice under a contract-holder's notice provision that he or she intends to end the contract or agrees with the landlord that the contract should end, and

• (c) apart from this section, the contract would end in accordance with the contract-holder's notice provision or the agreement.

• (2) The contract does not end if one or more persons are qualified to succeed the preceding contract-holder.

• (3) If one person is qualified to succeed the preceding contract-holder, that person succeeds to the contract.

• (4) If more than one person is qualified to succeed the preceding contract-holder, the person identified in accordance with section 78(4) succeeds to the contract.

• (5) Whether there is a person qualified to succeed the preceding contract-holder is to be determined by applying section 74 in relation to the preceding contract-holder; but S is to be treated as not qualified to succeed the preceding contract-holder.

• (6) In this section—

• “the preceding contract-holder” (“y deiliad contract blaenorol”) is the contract-holder as a result of whose death S succeeded to the contract, and

• “contract-holder's notice provision” (“darpariaeth hysbysiad deiliad y contract”) means section 163 or 168 (contract-holder's notice to end secure contract or periodic standard contract) or a contract-holder's break clause (under a fixed term standard contract).

Effect of substitute succession

81

• (1) A person who succeeds to an occupation contract under section 80(3) becomes the contract-holder on the relevant date.

• (2) A person who succeeds (or persons who succeed) to an occupation contract under sections 80(4) and 78(4) becomes a contract-holder (or become contract-holders) under the contract on the later of—

• (a) the relevant date, and

• (b) the day agreement is reached or the landlord makes a selection.

• (3) A person who succeeds (or persons who succeed) to an occupation contract after an appeal under section 78(6) against the landlord's selection becomes a contract-holder (or become contract-holders) on the later of—

• (a) the relevant date, and

• (b) the day on which the appeal is finally determined.

• (4) The relevant date is the day on which, but for section 80(2), the contract would have ended.

• (5) During the period beginning with the relevant date and ending with a person (or persons) becoming the contract-holder under subsection (2) or (3), the relevant successors⁠—

• (a) are not to be treated as trespassers in relation to the dwelling, and

• (b) for the purposes of any liability under the contract are to be treated as if they were joint contract-holders under the contract.

• (6) “The relevant successors” are the persons who—

• (a) are qualified to succeed the contract-holder who died (and as a result of whose death the succession under section 78(2)) occurred), and

• (b) are living in the dwelling.

Notice of rights under section 80

82

• (1) This section applies where the landlord under an occupation contract—

• (a) receives notice under a contract-holder's notice provision, or

• (b) agrees with the contract-holder to end the contract,

in the circumstances mentioned in section 80(1)(a) and (b).

• (2) The landlord must, before the end of the period of 14 days starting with the day on which the landlord receives S's notice or (as the case may be) the day on which the agreement is made, give a notice to—

• (a) the occupiers of the dwelling (other than S), and

• (b) any potential successors not occupying the dwelling whose address is known to the landlord (or in the case of joint landlords, any one of them).

• (3) A potential successor is a person qualified to succeed the preceding contract-holder under section 80.

• (4) The notice must—

• (a) state that S has given notice that he or she intends to end the contract or that S and the landlord have agreed to end the contract, and

• (b) explain the effect of section 80.

Succession: interpretation

83

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

• (2) A contract-holder is a priority or reserve successor in relation to an occupation contract if he or she succeeded to the contract as a priority or reserve successor of the contract-holder in relation to that occupation contract who died.

• (3) If a contract-holder is a priority or reserve successor in relation to a fixed term standard contract, he or she is also a priority or reserve successor in relation to—

• (a) any periodic standard contract which arises under section 184(2) at the end of the fixed term, and

• (b) unless the contract provides otherwise, any contract under section 184(6).

• (4) If a contract-holder is a priority or reserve successor in relation to an occupation contract which is ended under section 220 (abandonment), he or she is also a priority or reserve successor in relation to any occupation contract under which he or she becomes the contract-holder as a result of an order under section 222(3)(b) (provision of suitable alternative accommodation on appeal).

• (5) A contract-holder to whom an occupation contract is transferred by, or in accordance with, a family property order is a priority or reserve successor in relation to the contract if the person from whom the contract was transferred was such a successor.

• (6) A contract-holder is a priority or reserve successor in relation to an occupation contract if his or her being treated as a priority or reserve successor was a condition of consent to a transaction relating to the contract.

• (7) Subsection (8) applies if, before the end of the period of six months starting with the day on which a secure contract (“the first contract”) ends—

• (a) the contract-holder under the first contract becomes a contract-holder under another secure contract ( “ the second contract ”), and

• (b) either the dwelling or the landlord are the same under the second contract as under the first contract.

• (8) If the contract-holder was a priority or reserve successor in relation to the first contract he or she is also such a successor in relation to the second contract, unless the second contract provides otherwise.

CHAPTER 9 — LANDLORD'S CONSENT

Landlord’s consent: reasonableness

84

• (1) This section applies in relation to any term of an occupation contract which permits something to be done only with the landlord's consent.

• (2) The landlord may not—

• (a) unreasonably refuse consent, or

• (b) consent subject to unreasonable conditions.

• (3) A request for the landlord's consent must be made in writing, and references in this section to a request are to a written request.

• (4) The landlord may ask for information to enable the landlord to deal with a request; but the landlord may not do so after the end of the period of 14 days starting with the day on which the request is made.

• (5) If the landlord asks for information which it is not reasonable to ask for, the landlord is to be treated as not having asked for that information.

• (6) If the landlord does not give or refuse consent in writing before the end of the relevant period, the landlord is to be treated as having consented without conditions.

• (7) The relevant period is the period of one month starting with the later of—

• (a) the day on which the request for consent is made, or

• (b) if the landlord asks for information in accordance with subsection (4), the day on which the information is provided.

• (8) If the landlord consents subject to conditions, the landlord must give the contract-holder written notice of the conditions at the same time that consent is given; and if the landlord does not do so, the landlord is to be treated as having consented without conditions.

• (9) If the landlord refuses consent or consents subject to conditions, the person who made the request may ask for a written statement of the landlord's reasons.

• (10) If the landlord does not give a written statement of reasons before the end of the period of one month starting with the day on which the statement is asked for, the landlord is to be treated as having consented without conditions.

Application to court relating to consent

85

• (1) This section applies where under section 84 the landlord gives a written statement of reasons for refusing consent or consenting subject to conditions.

• (2) The person who made the request for consent may apply to the court on the ground that⁠—

• (a) the landlord's refusal of consent is unreasonable, or

• (b) one or more of the conditions imposed is unreasonable.

• (3) If the court is satisfied that the ground in subsection (2)(a) is made out it may declare that the landlord unreasonably refused consent, and may also—

• (a) declare that the landlord is to be treated as having consented without conditions, or

• (b) direct the landlord to reconsider the request for consent.

• (4) If the court is satisfied that the ground in subsection (2)(b) is made out it may declare that one or more of the conditions imposed is unreasonable, and may also—

• (a) declare that the landlord is to be treated as having consented without conditions or subject to those conditions that were not declared unreasonable, or

• (b) direct the landlord to reconsider the request for consent.

• (5) If the court makes a declaration under subsection (3) or (4) it may make any other order it thinks fit.

Landlord’s consent: timing

86

• (1) Where a term of an occupation contract permits something to be done with the landlord's consent, the landlord may give consent after the thing has been done.

• (2) But this does not apply to—

• (a) section 49 (adding a joint contract-holder), or

• (b) any term of the occupation contract permitting the transfer of the contract, or of a joint contract-holder's rights and obligations under the contract.

CHAPTER 10 — COMPENSATION

Compensation for failures relating to provision of written statements etc.

87

• (1) The following sections set out the circumstances in which a landlord may be liable to pay compensation under this section—

• (a) section 35 (failure to provide a written statement under section 31);

• (b) section 36 (providing an incomplete written statement);

• (c) section 37 (providing an incorrect written statement);

• (d) section 40 (failure to provide information under section 39);

• (e) section 110 (failure to provide written statement of variation of secure contract);

• (f) section 129 (failure to provide written statement of variation of periodic standard contract);

• (g) section 137 (failure to provide written statement of variation of fixed term standard contract).

• (2) Where the landlord under an occupation contract is liable to pay compensation to the contract-holder under this section, the amount of compensation payable in respect of a particular day is equivalent to the amount of rent payable under the contract in respect of that day.

• (3) If the contract provides for rent to be paid in respect of periods other than a day, the amount of rent payable in respect of a single day is the appropriate proportion of the rent payable in respect of the period in which that day falls.

• (4) If compensation is payable because of section 35, 110, 129 or 137 (failure to provide statement), the contract-holder may apply to the court for an order increasing the amount of the compensation on the ground that the landlord's failure to provide a written statement was intentional.

• (5) If compensation is payable because of section 36 or 37 (incomplete or incorrect statement), the contract-holder may apply to the court for an order increasing the amount of the compensation.

• (6) On an application under subsection (4) or (5) the court may increase the amount of the compensation payable in respect of a particular day by such percentage, not exceeding 100 per cent, as it thinks fit.

Right of set off

88

• (1) If the landlord under an occupation contract is liable to pay the contract-holder compensation under section 87, the contract-holder may set off that liability against rent.

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

PART 4 — CONDITION OF DWELLING

CHAPTER 1 — INTRODUCTORY

Application of Part

89

• (1) Chapter 2 applies to all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years (see section 90).

• (2) Chapter 3 applies to all occupation contracts.

Fixed term standard contracts: determining the length of term

90

• (1) This section applies for the purpose of determining the term for which a fixed term standard contract is made.

• (2) If a fixed term standard contract is a tenancy, it is to be treated as made for a term commencing with the grant of the tenancy.

• (3) If a fixed term standard contract is a licence, it is to be treated as made for a term commencing with the occupation date of the contract.

• (4) A fixed term standard contract is to be treated as made for a term of less than seven years if it is determinable at the option of the landlord before the end of the period of seven years starting with the commencement of the term.

• (5) If a fixed term standard contract confers on the contract-holder an option for renewal for a term which, together with the original term, amounts to seven years or more, it is not to be treated as made for a term of less than seven years (unless subsection (4) applies).

CHAPTER 2 — CONDITION OF DWELLING

Landlord's obligations as to condition of dwelling

Landlord’s obligation: fitness for human habitation

91

• (1) The landlord under a secure contract, a periodic standard contract or a fixed term standard contract made for a term of less than seven years must ensure that the dwelling is fit for human habitation—

• (a) on the occupation date of the contract, and

• (b) for the duration of the contract.

• (2) The reference in subsection (1) to the dwelling includes, if the dwelling forms part only of a building, the structure and exterior of the building and the common parts.

• (3) This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.

Landlord’s obligation to keep dwelling in repair

92

• (1) The landlord under a secure contract, a periodic standard contract or a fixed term standard contract made for a term of less than seven years must—

• (a) keep in repair the structure and exterior of the dwelling (including drains, gutters and external pipes), and

• (b) keep in repair and proper working order the service installations in the dwelling.

• (2) If the dwelling forms part only of a building, the landlord must—

• (a) keep in repair the structure and exterior of any other part of the building (including drains, gutters and external pipes) in which the landlord has an estate or interest, and

• (b) keep in repair and proper working order a service installation which directly or indirectly serves the dwelling, and which either—

• (i) forms part of any part of the building in which the landlord has an estate or interest, or

• (ii) is owned by the landlord or is under the landlord's control.

• (3) The standard of repair required by subsections (1) and (2) is that which is reasonable having regard to the age and character of the dwelling, and the period during which the dwelling is likely to be available for occupation as a home.

• (4) In this Part, “service installation” means an installation for the supply of water, gas or electricity, for sanitation, for space heating or for heating water.

• (5) This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.

Obligations under sections 91 and 92: supplementary

93

• (1) The landlord must make good any damage caused by works and repairs carried out in order to comply with the landlord's obligations under section 91 or 92.

• (2) The landlord may not impose any obligation on the contract-holder in the event of the contract-holder's enforcing or relying on the landlord's obligations under section 91 or 92.

• (3) This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.

Determination of fitness for human habitation

94

• (1) The Welsh Ministers must prescribe matters and circumstances to which regard must be had when determining, for the purposes of section 91(1), whether a dwelling is fit for human habitation.

• (2) In exercising the power in subsection (1), the Welsh Ministers may prescribe matters and circumstances—

• (a) by reference to any regulations made by the Welsh Ministers under section 2 of the Housing Act 2004 (c. 34) (meaning of “category 1 hazard” and “category 2 hazard”);

• (b) which may arise because of a failure to comply with an obligation under section 92.

• (3) The Welsh Ministers may by regulations—

• (a) impose requirements on landlords for the purpose of preventing any matters or circumstances which may cause a dwelling to be unfit for human habitation from arising;

• (b) prescribe that if requirements imposed under paragraph (a) are not complied with in respect of a dwelling, the dwelling is to be treated as if it were unfit for human habitation.

Limits on landlord's obligations under this Chapter

Limits on sections 91 and 92: general

95

• (1) Section 91(1) does not impose any liability on a landlord in respect of a dwelling which the landlord cannot make fit for human habitation at reasonable expense.

• (2) Sections 91(1) and 92(1) do not require the landlord—

• (a) to keep in repair anything which the contract-holder is entitled to remove from the dwelling, or

• (b) to rebuild or reinstate the dwelling or any part of it, in the case of destruction or damage by a relevant cause.

• (3) If the dwelling forms part only of a building, sections 91(1) and 92(2) do not require the landlord to rebuild or reinstate any other part of the building in which the landlord has an estate or interest, in the case of destruction or damage by a relevant cause.

• (4) Relevant causes are fire, storm, flood or other inevitable accident.

• (5) Section 92(2) does not require the landlord to carry out works or repairs unless the disrepair or failure to keep in proper working order affects the contract-holder's enjoyment of—

• (a) the dwelling, or

• (b) the common parts that the contract-holder is entitled to use under the occupation contract.

• (6) This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.

Limits on sections 91 and 92: contract-holder’s fault

96

• (1) Section 91(1) does not impose any liability on the landlord if the dwelling is unfit for human habitation wholly or mainly because of an act or omission (including an act or omission amounting to lack of care) of the contract-holder or a permitted occupier of the dwelling.

• (2) The landlord is not obliged by section 92(1) or (2) to carry out works or repairs if the disrepair, or the failure of a service installation to be in working order, is wholly or mainly attributable to lack of care by the contract-holder or a permitted occupier of the dwelling.

• (3) “Lack of care” means a failure to take proper care—

• (a) of the dwelling, or

• (b) if the dwelling forms part only of a building, of the common parts that the contract-holder is entitled to use under the occupation contract.

• (4) This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.

Limits on sections 91 and 92: notice

97

• (1) The landlord's obligations under sections 91(1)(b) and 92(1) and (2) do not arise until the landlord (or in the case of joint landlords, any one of them) becomes aware that works or repairs are necessary.

• (2) The landlord complies with the obligations under those provisions if the landlord carries out the necessary works or repairs within a reasonable time after the day on which the landlord becomes aware that they are necessary.

• (3) Subsection (4) applies if—

• (a) the landlord (the “old landlord”) transfers the old landlord's interest in the dwelling to another person (the “new landlord”), and

• (b) the old landlord (or where two or more persons jointly constitute the old landlord, any one of them) is aware before the date of the transfer that works or repairs are necessary in order to comply with section 91(1) or 92(1) or (2).

• (4) The new landlord is to be treated as becoming aware of the need for those works or repairs on the date of the transfer, but not before.

• (5) This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.

Access to dwellings and rights of permitted occupiers

Landlord’s right to access dwelling

98

• (1) The landlord may enter the dwelling at any reasonable time for the purpose of—

• (a) inspecting its condition and state of repair, or

• (b) carrying out works or repairs needed in order to comply with section 91 or 92.

• (2) The landlord must give at least 24 hours' notice to the contract-holder before exercising that right.

• (3) Subsection (4) applies where—

• (a) the dwelling forms part only of a building, and

• (b) in order to comply with section 91 or 92 the landlord needs to carry out works or repairs in another part of the building.

• (4) The landlord is not liable for failing to comply with section 91 or 92 if the landlord does not have sufficient rights over that other part of the building to be able to carry out the works or repairs, and was unable to obtain such rights after making a reasonable effort to do so.

• (5) This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.

Rights of permitted occupiers to enforce Chapter

99

• (1) A permitted occupier who suffers personal injury, or loss of or damage to personal property, as a result of the landlord failing to comply with section 91 or 92 may enforce the section in question in his or her own right by bringing proceedings in respect of the injury, loss or damage.

• (2) But a permitted occupier who is a lodger or sub-holder may do so only if the lodger is allowed to live in the dwelling, or the sub-occupation contract is made, in accordance with the occupation contract.

• (3) This section is a fundamental provision which is incorporated as a term of all secure contracts, periodic standard contracts, and fixed term standard contracts made for a term of less than seven years.

CHAPTER 3 — MISCELLANEOUS

Specific performance

100

• (1) In any proceedings for breach of a repairing obligation under an occupation contract, the court may order specific performance of the obligation despite any equitable rule limiting the availability of that remedy.

• (2) Repairing obligations are—

• (a) obligations to repair (or keep or deliver up in repair), or to maintain, renew, construct or replace any property, and

• (b) obligations to keep any dwelling fit for human habitation however expressed,

and include a landlord's obligations under sections 91 and 92.

Waste and tenant-like user

101

• (1) The contract-holder under an occupation contract is not liable for waste in respect of the dwelling.

• (2) The rule of law under which a tenant has an implied duty to use demised premises in a tenant-like manner does not apply to a contract-holder if the tenancy is an occupation contract.

PART 5 — PROVISIONS APPLYING ONLY TO SECURE CONTRACTS

CHAPTER 1 — OVERVIEW

Overview of Part

102

• (1) Chapters 1 to 5 of this Part apply only to secure contracts, and address—

• (a) variation of secure contracts,

• (b) withdrawal of joint contract-holders,

• (c) dealing (that is, taking a lodger and transferring the contract), and

• (d) the imposition of prohibited conduct standard contracts (where the landlord is a community landlord or registered charity).

• (2) Chapter 6 contains a fundamental provision about transfer of a secure contract to a person who is a contract-holder under another secure contract; this fundamental provision is applicable to secure contracts under which the landlord is a community landlord.

CHAPTER 2 — VARIATION OF CONTRACTS

Variation

103

• (1) A secure contract may not be varied except—

• (a) in accordance with sections 104 to 107, or

• (b) by or as a result of an enactment.

• (2) A variation of a secure contract (other than by or as a result of any enactment) must be in accordance with section 108.

• (3) This section is a fundamental provision which is incorporated as a term of all secure contracts; section 20 provides that subsections (1)(b) and (2) of this section—

• (a) must be incorporated, and

• (b) must not be incorporated with modifications.

Variation of rent

104

• (1) The landlord may vary the rent payable under a secure contract by giving the contract-holder a notice setting out a new rent to take effect on the date specified in the notice.

• (2) The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months.

• (3) Subject to that—

• (a) the first notice may specify any date, and

• (b) subsequent notices must specify a date which is not less than one year after the last date on which a new rent took effect.

• (4) This section is a fundamental provision which is incorporated as a term of all secure contracts under which rent is payable , except a secure contract which is a housing association tenancy.

Variation of other consideration

105

• (1) Where consideration other than rent is payable under a secure contract, the amount of consideration may be varied—

• (a) by agreement between the landlord and the contract-holder, or

• (b) by the landlord in accordance with subsections (2) to (4).

• (2) The landlord may give the contract-holder a notice setting out a new amount of consideration to take effect on the date specified in the notice.

• (3) The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months.

• (4) Subject to that—

• (a) the first notice may specify any date, and

• (b) subsequent notices must specify a date which is not less than one year after the last date on which a new amount of consideration took effect.

• (5) This section is a fundamental provision which is incorporated as a term of all secure contracts under which consideration other than rent is payable.

Variation of fundamental terms

106

• (1) A fundamental term of a secure contract may be varied by agreement between the landlord and the contract-holder (subject to section 108).

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

Variation of supplementary and additional terms

107

• (1) A supplementary or additional term of a secure contract may be varied (subject to section 108)—

• (a) by agreement between the landlord and the contract-holder, or

• (b) by the landlord giving a notice of variation to the contract-holder.

• (2) Before giving a notice of variation the landlord must give the contract-holder a preliminary notice—

• (a) informing the contract-holder that the landlord intends to give a notice of variation,

• (b) specifying the proposed variation and informing the contract-holder of its nature and effect, and

• (c) inviting the contract-holder to comment on the proposed variation within the time specified in the notice.

• (3) The specified time must give the contract-holder a reasonable opportunity to comment.

• (4) The notice of variation must specify the variation effected by it and the date on which the variation takes effect.

• (5) The period between the day on which the notice of variation is given to the contract-holder and the date on which the variation takes effect may not be less than one month.

• (6) When giving a notice of variation the landlord must also provide the contract-holder with such information as the landlord considers necessary to inform the contract-holder of the nature and effect of the variation.

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

Limitation on variation

108

• (1) A fundamental term of a secure contract incorporating any of the fundamental provisions to which subsection (2) applies may not be varied (except by or as a result of an enactment).

• (2) This subsection applies to the following fundamental provisions—

• (a) section 103(1)(b) and (2) and this section,

• (b) section 45 (requirement to use deposit scheme),

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

• (d) section 55 (anti-social behaviour and other prohibited conduct),

• (e) section 148 (permissible termination),

• (f) section 149 (possession claims),

• (g) section 155 (death of sole contract-holder), and

• (h) section 158 (securing contract by use of false statement).

• (3) A variation of any other fundamental term (other than by or as a result of an enactment) is of no effect—

• (a) unless as a result of the variation—

• (i) the fundamental provision which the term incorporates would be incorporated without modification, or

• (ii) the fundamental provision which the term incorporates would not be incorporated or would be incorporated with modification, but ... the effect of this would be that the position of the contract-holder is improved;

• (b) if the variation (regardless of whether it is within paragraph (a)) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which subsection (2) applies.

• (4) A variation of a term of a secure contract is of no effect if it would render any term of the contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this section in a way that would avoid the incompatibility).

• (5) Subsection (4) does not apply to a variation made by or as a result of an enactment.

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

• (a) must be incorporated, and

• (b) must not be incorporated with modifications.

Written statement of variation

109

• (1) If a secure contract is varied in accordance with the contract or by or as a result of an enactment the landlord must, before the end of the relevant period, give the contract-holder—

• (a) a written statement of the term or terms varied, or

• (b) a written statement of the occupation contract as varied,

unless the landlord has given notice of the variation in accordance with section 104, 105(2) to (4) or 107(1)(b) and (2) to (6).

• (2) The relevant period is the period of 14 days starting with the day on which the contract is varied.

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

• (4) This section is a fundamental provision which is incorporated as a term of all secure contracts.

Failure to provide written statement etc.

110

• (1) If the landlord fails to comply with a requirement under section 109 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 term or terms varied, or of the contract as varied, 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 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 day on which the contract was varied.

• (6) Subsections (1) to (5) do not apply if the landlord's failure to comply with the requirement is attributable to an act or omission of the contract-holder.

• (7) If under section 109 the landlord gives the contract-holder a written statement of the contract as varied, sections 36 and 37 (incomplete and incorrect statements) apply to the statement as if , in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ” .

CHAPTER 3 — JOINT CONTRACT-HOLDERS: WITHDRAWAL

Withdrawal

111

• (1) A joint contract-holder under a secure contract may withdraw from the contract by giving a notice (a “withdrawal notice”) to the landlord.

• (2) The withdrawal notice must specify the date on which the joint contract-holder intends to cease to be a party to the contract (the “withdrawal date”).

• (3) The joint contract-holder must give a written warning to the other joint contract-holders when he or she gives the withdrawal notice to the landlord; and a copy of the withdrawal notice must be attached to the warning.

• (4) The landlord must give a written warning to the other joint contract-holders as soon as reasonably practicable after the landlord receives the withdrawal notice; and a copy of the withdrawal notice must be attached to the warning.

• (5) The joint contract-holder ceases to be a party to the contract on the withdrawal date.

• (6) A notice given to the landlord by one or more (but not all) of the joint contract-holders that purports to be a notice under section 163 (contract-holder's notice to end contract) is to be treated as a withdrawal notice, and the date specified in the notice is to be treated as the withdrawal date.

• (7) Subsection (3) does not apply to a notice which is treated as a withdrawal notice because of subsection (6).

• (8) This section is a fundamental provision which is incorporated as a term of all secure contracts.

Withdrawal: power to prescribe time limits

112

The Welsh Ministers must prescribe supplementary provisions specifying a minimum time period between the date on which a notice under section 111 is given to the landlord, and the date specified in the notice.

CHAPTER 4 — DEALING

Lodgers

Lodgers

113

• (1) The contract-holder under a secure contract may allow persons to live in the dwelling as lodgers.

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

Transfers

Transfer to potential successor

114

• (1) The contract-holder under a secure contract may transfer the contract as described in this section, but only if the landlord consents.

• (2) The contract-holder may transfer the contract to—

• (a) a potential successor, or

• (b) if there are two or more potential successors, all of the potential successors who wish to be included in the transfer.

• (3) If there is a sole contract-holder a potential successor is a person who, under section 74, would be qualified to succeed the contract-holder if the contract-holder died immediately before the transfer.

• (4) If there are joint contract-holders a potential successor is a person who, under section 74, would be qualified to succeed a joint contract-holder if—

• (a) the joint contract-holder died immediately before the transfer, and

• (b) when the joint contract-holder died he or she was the sole contract-holder.

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

Transfer to a potential successor: landlord’s consent

115

Where a landlord refuses consent or consents subject to conditions to a transfer described in section 114, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6.

CHAPTER 5 — PROHIBITED CONDUCT STANDARD CONTRACTS

Order imposing periodic standard contract because of prohibited conduct

116

• (1) If the landlord under a secure contract is a community landlord or a registered charity, the landlord may apply to the court for an order under this section on the ground that the contract-holder is in breach of section 55 (anti-social behaviour and other prohibited conduct).

• (2) The effect of an order under this section is—

• (a) to end the secure contract from a date specified in the order, and

• (b) if the contract-holder remains in occupation after the specified date, to create a periodic standard contract whose occupation date is the date specified in the order (and which is a periodic standard contract until the end of the probationary period).

• (3) The court may make an order under this section only if it is satisfied that—

• (a) the contract-holder is in breach of section 55,

• (b) it would have made an order for possession on the ground in section 157 (breach of contract) in reliance only on that breach,

• (c) the landlord will make available to the contract-holder a programme of social support the aim of which is the prevention of prohibited conduct, and

• (d) it is reasonable to make the order.

• (4) The Welsh Ministers may issue guidance as to the activities and services (including assistance, advice and counselling services) that may be included in a programme of social support for the purposes of subsection (3).

• (5) Schedule 7 makes provision about probation periods, the procedure for obtaining an order under this section, and about the terms of a periodic standard contract created under this section.

• (6) In this Act “prohibited conduct standard contract” means a contract which is a periodic standard contract created because of an order under this section, and in relation to which the probation period has not yet ended.

Conversion to secure contract

117

• (1) A periodic standard contract which arose because of an order under section 116 and which subsists at the end of the probation period—

• (a) ends at the end of the probation period, and

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

• (2) But subsection (1) does not apply if the probation period ends because of paragraph 3(9) of Schedule 7.

• (3) Schedule 7 makes provision about the terms of a secure contract which arises at the end of a probation period.

CHAPTER 6 — PROVISIONS APPLYING ONLY TO SECURE CONTRACTS WITH COMMUNITY LANDLORDS

Transfer to another secure contract-holder

118

• (1) The contract-holder under a secure contract under which the landlord is a community landlord may transfer the contract as described in this section, but only if the landlord consents.

• (2) The contract-holder may transfer the contract to a person who—

• (a) before the transfer is a contract-holder under a secure contract under which the landlord is a community landlord, and

• (b) immediately before the transfer will cease to be the contract-holder under the contract mentioned in paragraph (a).

• (3) This section is a fundamental provision which is incorporated as a term of all secure contracts under which the landlord is a community landlord.

Transfer to another secure contract-holder: landlord’s consent

119

Where a landlord refuses consent or consents subject to conditions to a transfer described in section 118, what is reasonable for the purposes of section 84 (landlord's consent) is to be determined having regard to Schedule 6.

PART 6 — PROVISIONS APPLYING ONLY TO PERIODIC STANDARD CONTRACTS

CHAPTER 1 — OVERVIEW

Overview of Part

120

This Part applies only to periodic standard contracts, and addresses—

• (a) exclusion of the contract-holder from the dwelling for specified periods,

• (b) variation of periodic standard contracts, and

• (c) withdrawal of joint contract-holders.

CHAPTER 2 — EXCLUSION FOR SPECIFIED PERIODS

Exclusion of contract-holder from dwelling for specified periods

121

• (1) A periodic standard contract may provide that the contract-holder is not entitled to occupy the dwelling as a home for such periods as are specified in the contract.

• (2) The contract may specify periods for the purpose of subsection (1) by reference to any matters reasonably ascertainable by the contract-holder (as well as by reference to specified dates).

• (3) The Welsh Ministers may by regulations amend this Act for the purpose of—

• (a) providing that subsection (1) does not apply in relation to periodic standard contracts of a particular description;

• (b) providing that subsection (1) applies only in relation to periodic standard contracts of a particular description;

• (c) changing, or imposing limits on, what may be provided for or specified in a periodic standard contract under subsection (1) or (2) (either generally or in relation to periodic standard contracts of a particular description);

• (d) specifying circumstances (either generally or in relation to periodic standard contracts of a particular description) in which a periodic standard contract may or may not include provision under subsection (1);

• (e) imposing requirements on a landlord in relation to the inclusion in a periodic standard contract of provision under subsection (1).

CHAPTER 3 — VARIATION OF CONTRACTS

Variation

122

• (1) A periodic standard contract may not be varied except—

• (a) in accordance with sections 123 to 125, or

• (b) by or as a result of an enactment.

• (2) A variation of a periodic standard contract (other than by or as a result of an enactment) must be in accordance with section 127.

• (3) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts; section 20 provides that subsections (1)(b) and (2) of this section—

• (a) must be incorporated, and

• (b) must not be incorporated with modifications.

Variation of rent

123

• (1) The landlord may vary the rent payable under a periodic standard contract by giving the contract-holder a notice setting out a new rent to take effect on the date specified in the notice.

• (2) The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months.

• (3) Subject to that—

• (a) the first notice may specify any date, and

• (b) subsequent notices must specify a date which is not less than one year after the last date on which a new rent took effect.

• (4) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts under which rent is payable, except a periodic standard contract which is a housing association tenancy.

Variation of other consideration

124

• (1) Where consideration other than rent is payable under a periodic standard contract, the amount of consideration may be varied—

• (a) by agreement between the landlord and the contract-holder, or

• (b) by the landlord in accordance with subsections (2) to (4).

• (2) The landlord may give the contract-holder a notice setting out a new amount of consideration to take effect on the date specified in the notice.

• (3) The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months.

• (4) Subject to that—

• (a) the first notice may specify any date, and

• (b) subsequent notices must specify a date which is not less than one year after the last date on which a new amount of consideration took effect.

• (5) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts under which consideration other than rent is payable.

Variation of other terms

125

• (1) The fundamental terms, supplementary terms and additional terms of a periodic standard contract may be varied (subject to section 127) by agreement between the landlord and the contract-holder.

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Variation by landlord of other terms: notice procedure

126

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Limitation on variation

127

• (1) A fundamental term of a periodic standard contract incorporating any of the fundamental provisions to which subsection (2) applies may not be varied (except by or as a result of an enactment).

• (2) This subsection applies to the following fundamental provisions—

• (a) section 122(1)(b) and (2) and this section,

• (b) section 45 (requirement to use deposit scheme) ...,

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

• (d) section 55 (anti-social behaviour and other prohibited conduct),

• (e) section 148 (permissible termination),

• (f) section 149 (possession claims),

• (g) section 155 (death of sole contract-holder),

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

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (k) Part 1 of Schedule 9A (restrictions on giving landlord's notice under sections 173: breach of statutory obligations).

• (3) A variation of any other fundamental term (other than by or as a result of an enactment) is of no effect—

• (a) unless as a result of the variation—

• (i) the fundamental provision which the term incorporates would be incorporated without modification, or

• (ii) the fundamental provision which the term incorporates would not be incorporated or would be incorporated with modification, but ... the effect of this would be that the position of the contract-holder is improved;

• (b) if the variation (regardless of whether it is within paragraph (a)) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which subsection (2) applies.

• (4) A variation of a term of a periodic standard contract is of no effect if it would render a term of the contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this section in a way that would avoid the incompatibility).

• (5) Subsection (4) does not apply to a variation made by or as a result of an enactment.

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

• (a) must be incorporated, and

• (b) must not be incorporated with modifications.

Written statement of variation

128

• (1) If a periodic standard contract is varied in accordance with the contract or by or as a result of an enactment the landlord must, before the end of the relevant period, give the contract-holder—

• (a) a written statement of the term or terms varied, or

• (b) a written statement of the contract as varied,

unless the landlord has given notice of the variation in accordance with section 123 or 124(2) to (4).

• (2) The relevant period is the period of 14 days starting with the day on which the contract is varied.

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

• (4) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

Failure to provide written statement etc.

129

• (1) If the landlord under a periodic standard contract fails to comply with a requirement under section 128 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 term or terms varied, or of the contract as varied, 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 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 day on which the contract was varied.

• (6) Subsections (1) to (5) do not apply if the landlord's failure to comply with the requirement is attributable to an act or omission of the contract-holder.

• (7) If under section 128 the landlord gives the contract-holder a written statement of the contract as varied, sections 36 and 37 (incomplete and incorrect statements) apply to the statement as if , in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ”.

CHAPTER 4 — JOINT CONTRACT-HOLDERS: WITHDRAWAL

Withdrawal

130

• (1) A joint contract-holder under a periodic standard contract may withdraw from the contract by giving a notice (a “withdrawal notice”) to the landlord.

• (2) The withdrawal notice must specify the date on which the joint contract-holder intends to cease to be a party to the contract (the “withdrawal date”).

• (3) The joint contract-holder must give a written warning to the other joint contract-holders when he or she gives the withdrawal notice to the landlord; and a copy of the withdrawal notice must be attached to the warning.

• (4) The landlord must give a written warning to the other joint contract-holders as soon as reasonably practicable after the landlord receives the withdrawal notice; and a copy of the withdrawal notice must be attached to the warning.

• (5) The joint contract-holder ceases to be a party to the contract on the withdrawal date.

• (6) A notice given to the landlord by one or more (but not all) of the joint contract-holders that purports to be a notice under section 168 (contract-holder's notice to end contract) is to be treated as a withdrawal notice, and the date specified in the notice is to be treated as the withdrawal date.

• (7) Subsection (3) does not apply to a notice which is treated as a withdrawal notice because of subsection (6).

• (8) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.

Withdrawal: power to prescribe time limits

131

The Welsh Ministers must prescribe supplementary provisions specifying a minimum time period between the date on which a notice under section 130 is given to the landlord, and the date specified in the notice.

PART 7 — PROVISIONS APPLYING ONLY TO FIXED TERM STANDARD CONTRACTS

CHAPTER 1 — OVERVIEW

Overview of Part

132

This Part applies only to fixed term standard contracts, and addresses—

• (a) exclusion of the contract-holder from the dwelling for specified periods,

• (b) variation of fixed term standard contracts,

• (c) withdrawal of joint contract-holders from certain fixed term standard contracts, and

• (d) dealing (that is, transfers).

CHAPTER 2 — EXCLUSION FOR SPECIFIED PERIODS

Exclusion of contract-holder from dwelling for specified periods

133

• (1) A fixed term standard contract may provide that the contract-holder is not entitled to occupy the dwelling as a home for such periods as are specified in the contract.

• (2) The contract may specify periods for the purpose of subsection (1) by reference to any matters reasonably ascertainable by the contract-holder (as well as by reference to specified dates).

• (3) The Welsh Ministers may by regulations amend this Act for the purpose of—

• (a) providing that subsection (1) does not apply in relation to fixed term standard contracts of a particular description;

• (b) providing that subsection (1) applies only in relation to fixed term standard contracts of a particular description;

• (c) changing, or imposing limits on, what may be provided for or specified in a fixed term standard contract under subsection (1) or (2) (either generally or in relation to fixed term standard contracts of a particular description);

• (d) specifying circumstances (either generally or in relation to fixed term standard contracts of a particular description) in which a fixed term standard contract may or may not include provision under subsection (1);

• (e) imposing requirements on a landlord in relation to the inclusion in a fixed term standard contract of provision under subsection (1).

CHAPTER 3 — VARIATION OF CONTRACTS

Variation

134

• (1) A fixed term standard contract may not be varied except—

• (a) by agreement between the landlord and the contract-holder, or

• (b) by or as a result of an enactment.

• (2) A variation of a fixed term standard contract (other than by or as a result of an enactment) must be in accordance with section 135.

• (3) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts; section 20 provides that subsections (1)(b) and (2) of this section—

• (a) must be incorporated, and

• (b) must not be incorporated with modifications.

Limitation on variation

135

• (1) A fundamental term of a fixed term standard contract which incorporates any of the fundamental provisions to which subsection (2) applies may not be varied (other than by or as a result of an enactment).

• (2) This subsection applies to the following fundamental provisions—

• (a) section 134(1)(b) and (2) and this section,

• (b) section 45 (requirement to use deposit scheme),

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

• (d) section 55 (anti-social behaviour and other prohibited conduct),

• (e) section 148 (permissible termination),

• (f) section 149 (possession claims),

• (g) section 155 (death of sole contract-holder),

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

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) ...and

• (k) Part 1 of Schedule 9A (restrictions on giving notice under section 186 and under a landlord's break clause: breach of statutory obligations).

• (3) A variation of any other fundamental term (other than by or as a result of an enactment) is of no effect—

• (a) unless as a result of the variation—

• (i) the fundamental provision which the term incorporates would be incorporated without modification, or

• (ii) the fundamental provision which the term incorporates would not be incorporated or would be incorporated with modification, but ... the effect of this would be that the position of the contract-holder is improved;

• (b) if the variation (regardless of whether it is within paragraph (a)) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which subsection (2) applies.

• (4) A variation of a term of a fixed term standard contract is of no effect if it would render a term of the contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this section in a way that would avoid the incompatibility).

• (5) Subsection (4) does not apply to a variation made by or as a result of an enactment.

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

• (a) must be incorporated, and

• (b) must not be incorporated with modifications.

Written statement of variation

136

• (1) If a fixed term standard contract is varied in accordance with the contract or by or as a result of an enactment the landlord must, before the end of the relevant period, give the contract-holder—

• (a) a written statement of the term or terms varied, or

• (b) a written statement of the contract as varied.

• (2) The relevant period is the period of 14 days starting with the day on which the contract is varied.

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

• (4) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts.

Failure to provide written statement etc.

137

• (1) If the landlord under a fixed term standard contract fails to comply with a requirement under section 136 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 term or terms varied, or of the contract as varied, 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 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 day on which the contract was varied.

• (6) Subsections (1) to (5) do not apply if the landlord's failure to comply with the requirement is attributable to an act or omission of the contract-holder.

• (7) If under section 136 the landlord gives the contract-holder a written statement of the contract as varied, sections 36 and 37 (incomplete and incorrect statements) apply to the statement as if , in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ”.

CHAPTER 4 — JOINT CONTRACT-HOLDERS: WITHDRAWAL

Withdrawal of joint contract-holder using contract-holder’s break clause

138

• (1) If a fixed term standard contract contains a contract-holder's break clause, it may provide that if there are joint contract-holders, a notice given to the landlord by one or more (but not all) of them that purports to be a notice under the break clause is to be treated as a notice that the joint contract-holder intends (or the joint contract-holders intend) to withdraw from the contract (“a withdrawal notice”).

• (2) If it does so, it must also make provision equivalent to subsections (4) and (5) of sections 111 and 130.

CHAPTER 5 — DEALING: TRANSFERS

Sole contract-holder

Transfer on death of sole contract-holder

139

• (1) A fixed term standard contract may provide that on the death of a sole contract-holder, the contract may be transferred in the course of the administration of the contract-holder's estate.

• (2) Section 73 (right to succeed) does not apply to a fixed term standard contract that contains such provision.

• (3) Section 155 (termination of contract on death) is not incorporated as a term of a fixed term standard contract that contains such provision.

Joint contract-holders

Forced transfers

140

• (1) A fixed term standard contract may provide that if there are joint contract-holders, one or more of them may require the other joint contract-holder or joint contract-holders to join in a transfer of the contract in accordance with the contract.

• (2) If the contract contains such provision, the joint contract-holder or joint contract-holders wishing to transfer the occupation contract may apply to the court for an order that the other joint contract-holder or joint contract-holders join in the transfer.

• (3) The court may make the order applied for if it thinks fit.

Joint contract-holder’s interest

141

• (1) This section applies if a fixed term standard contract provides that a joint contract-holder may transfer his or her rights and obligations under the contract.

• (2) The contract must also provide that a transfer may not be made unless the transferor gives notice to the other joint contract-holders that a transfer will be made.

• (3) The contract must also provide that the transferee is not entitled to occupy the dwelling without the consent of the other joint contract-holders.

Transfer on death of joint contract-holder

142

• (1) This section applies if a fixed term standard contract provides that on the death of a joint contract-holder his or her rights and obligations under the contract may be transferred in the course of the administration of his or her estate.

• (2) The contract must also provide that a transfer may not be made unless the joint contract-holder gives notice to the other joint contract-holders before his or her death that such a transfer will be made.

• (3) The contract must also provide that the transferee is not entitled to occupy the dwelling without the consent of the other joint contract-holders.

PART 8 — SUPPORTED STANDARD CONTRACTS

Supported standard contract and supported accommodation

143

• (1) 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.

• (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.

Mobility

144

• (1) 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 read as references to the dwelling for the time being specified by the landlord.

Temporary exclusion

145

• (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.

• (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.

Temporary exclusion: guidance

146

• (1) The Welsh Ministers must issue guidance about the exercise by landlords of their functions under section 145.

• (2) In the exercise of those functions, a landlord must have regard to guidance issued under subsection (1).

PART 9 — TERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 1 — OVERVIEW AND INTRODUCTORY PROVISIONS

Overview

Overview of Part

147

The following table provides an overview of this Part—

Permissible termination, possession claims and notices requiring possession

Permissible termination etc.

148

• (1) An occupation contract may be ended only in accordance with—

• (a) the fundamental terms of the contract which incorporate fundamental provisions set out in this Part or other terms included in the contract in accordance with this Part, or

• (b) an enactment.

• (2) Nothing in this section affects—

• (a) any right of the landlord or contract-holder to rescind the contract, or

• (b) the operation of the law of frustration.

• (3) 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.

Possession claims

149

• (1) The landlord under an occupation contract may make a claim to the court for recovery of possession of the dwelling from the contract-holder (“a possession claim”) only in the circumstances set out in Chapters 3 to 5 and 7.

• (2) 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.

Possession notices

150

• (1) This section applies in relation to a possession notice which a landlord is required to give to a contract-holder under any of the following sections before making a possession claim—

• (a) section 159 (in relation to a breach of contract by a contract-holder);

• (b) section 161 (in relation to estate management grounds);

• (c) section 166, 171 or 192 (in relation to a contract-holder's notice);

• (d) section 182 or 188 (in relation to serious rent arrears under a standard contract).

• (2) The notice must (in addition to specifying the ground on which the claim will be made)⁠—

• (a) state the landlord's intention to make a possession claim,

• (b) give particulars of the ground, and

• (c) state the date after which the landlord is able to make a possession claim.

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

Notices requiring possession: introductory standard contracts and prohibited conduct standard contracts

Introductory standard contracts and prohibited conduct standard contracts: notices under sections 173 and 181

151

• (1) Subsection (2) applies in relation to—

• (a) a notice given under section 173 (landlord's notice) in connection with an introductory standard contract or a prohibited conduct standard contract;

• (b) a possession notice given under section 181 (serious rent arrears) in connection with an introductory standard contract or a prohibited conduct standard contract.

• (2) The notice must (in addition to complying with any other requirements under this Act) inform the contract-holder of the right to apply for a review under section 202 (review by landlord), and of the time by which the application must be made.

• (3) This section is a fundamental provision which is incorporated as a term of all introductory standard contracts and prohibited conduct standard contracts.

CHAPTER 2 — TERMINATION ETC. WITHOUT A POSSESSION CLAIM

Early termination by contract-holder

152

• (1) The contract-holder may end the occupation contract at any time before the earlier of—

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

• (b) the occupation date.

• (2) To end the contract under subsection (1), the contract-holder must give a notice to the landlord stating that he or she is ending the contract.

• (3) On giving the notice to the landlord, the contract-holder—

• (a) ceases to have any liability under the contract, and

• (b) becomes entitled to the return of any deposit, rent or other consideration given to the landlord in accordance with the contract.

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

Termination by agreement

153

• (1) If the landlord and the contract-holder under an occupation contract agree to end the contract, the contract ends—

• (a) when the contract-holder gives up possession of the dwelling in accordance with the agreement, or

• (b) if he or she does not give up possession and a substitute occupation contract is made, immediately before the occupation date of the substitute occupation contract.

• (2) An occupation contract is a substitute occupation contract if—

• (a) it is made in respect of the same (or substantially the same) dwelling as the original contract, and

• (b) a contract-holder under it was also a contract-holder under the original contract.

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

Repudiatory breach by landlord

154

• (1) If the landlord under an occupation contract commits a repudiatory breach of contract and the contract-holder gives up possession of the dwelling because of that breach, the contract ends when the contract-holder gives up possession of the dwelling.

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

Death of sole contract-holder

155

• (1) If the sole contract-holder under an occupation contract dies, the contract ends—

• (a) one month after the death of the contract-holder, or

• (b) if earlier, when the landlord is given notice of the death by the authorised persons.

• (2) The authorised persons are—

• (a) the contract-holder's personal representatives, or

• (b) the permitted occupiers of the dwelling aged 18 and over (if any) acting together.

• (3) The contract does not end if under section 74 one or more persons are qualified to succeed the contract-holder.

• (4) The contract does not end if, at the contract-holder's death, a family property order has effect which requires the contract-holder to transfer the contract to another person.

• (5) If, after the contract-holder's death, the family property order ceases to have effect and there is no person qualified to succeed the contract-holder, the contract ends—

• (a) when the order ceases to have effect, or

• (b) if later, at the time the contract would end under subsection (1).

• (6) This section is a fundamental provision which is incorporated as a term of all occupation contracts, except fixed term standard contracts that contain the provision mentioned in section 139(1) (transfer on death of sole contract holder); section 20 provides that this section—

• (a) must be incorporated, and

• (b) must not be incorporated with modifications.

Death of landlord where occupation contract is a licence

156

An occupation contract which is a licence ends on the death of the landlord.

CHAPTER 3 — TERMINATION OF ALL OCCUPATION CONTRACTS (POSSESSION CLAIMS BY LANDLORDS)

Breach of contract

Breach of contract

157

• (1) If the contract-holder under an occupation contract breaches the contract, the landlord may on that ground make a possession claim.

• (2) Section 209 provides that the court may not make an order for possession on that ground unless it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10).

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

False statement inducing landlord to make contract to be treated as breach of contract

158

• (1) If the landlord under an occupation contract is induced to make the contract by means of a relevant false statement—

• (a) the contract-holder is to be treated as being in breach of the occupation contract, and

• (b) the landlord may accordingly make a possession claim on the ground in section 157 (breach of contract).

• (2) A false statement is relevant if it is made knowingly or recklessly by—

• (a) the contract-holder, or

• (b) another person acting at the contract-holder's instigation.

• (3) 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.

Restrictions on section 157

159

• (1) Before making a possession claim on the ground in section 157, the landlord must give the contract-holder a possession notice specifying that ground.

• (2) The landlord may make a possession claim in reliance on a breach of section 55 (anti-social behaviour and other prohibited conduct) on or after the day on which the landlord gives the contract-holder a possession notice specifying a breach of that section.

• (3) The landlord may not make a possession claim in reliance on a breach of any other term of the contract before the end of the period of one month starting with the day on which the landlord gives the contract-holder a possession notice specifying a breach of that term.

• (4) In either case, the landlord may not make a possession claim after the end of the period of six months starting with the day on which the landlord gives the contract-holder the possession notice.

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

Estate management grounds

Estate management grounds

160

• (1) The landlord under an occupation contract may make a possession claim on one or more of the estate management grounds.

• (2) The estate management grounds are set out in Part 1 of Schedule 8 (paragraph 10 of that Schedule provides that Part 1 of that Schedule is a fundamental provision applicable to all occupation contracts).

• (3) Section 210 provides that the court may not make an order for possession on an estate management ground unless—

• (a) it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10), and

• (b) it is satisfied that suitable alternative accommodation (what is suitable is to be determined in accordance with Schedule 11) is available to the contract-holder (or will be available to the contract-holder when the order takes effect).

• (4) If the court makes an order for possession on an estate management ground (and on no other ground), the landlord must pay to the contract-holder a sum equal to the reasonable expenses likely to be incurred by the contract-holder in moving from the dwelling.

• (5) Subsection (4) does not apply if the court makes an order for possession on Ground A or B (the redevelopment grounds) of the estate management grounds (and on no other ground).

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

Restrictions on section 160

161

• (1) Before making a possession claim on an estate management ground, the landlord must give the contract-holder a possession notice specifying that ground.

• (2) The landlord may not make the claim—

• (a) before the end of the period of one month starting with the day on which the landlord gives the contract-holder the possession notice, or

• (b) after the end of the period of six months starting with that day.

• (3) If a redevelopment scheme is approved under Part 2 of Schedule 8 subject to conditions, the landlord may give the contract-holder a possession notice specifying estate management Ground B before the conditions are met.

• (4) The landlord may not give the contract-holder a possession notice specifying estate management Ground G (accommodation not required by successor)—