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

“introductory tenancy” (“tenantiaeth ragarweiniol”) has the same meaning as in the Housing Act 1996;

“protected shorthold tenancy” (“tenantiaeth fyrddaliol warchodedig”), “protected tenancy” (“tenantiaeth warchodedig”), “restricted contract” (“contract cyfyngedig”) and “statutory tenancy” (“tenantiaeth statudol”) have the same meaning as in the Rent Act 1977 (c. 42);

“secure tenancy” (“tenantiaeth ddiogel”) has the same meaning as in the Housing Act 1985 (c. 68)...

PART 11 — FINAL PROVISIONS

Interpretation of Act

Local authority and other authorities

243

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

(2) The following are local authorities—

(a) a county council for an area in Wales,

(b) a county borough council, and

(3) “Local housing authority” (other than in paragraph 10A and paragraph 12 of Schedule 2) means a county council for an area in Wales or a county borough council.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) “New town corporation” has the same meaning as in the Housing Act 1985 (c. 68) (see section 4 of that Act).

(6) “Urban development corporation” means an urban development corporation established under Part 16 of the Local Government, Planning and Land Act 1980 (c. 65) and includes any body established under section 165B of that Act.

Landlord, lodger and permitted occupier

244

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

(2) The landlord, in relation to an occupation contract, is the person that is (or purports to be) entitled to confer on an individual a right to occupy the dwelling as a home.

(3) A person lives in a dwelling as a lodger if the tenancy or licence under which he or she occupies the dwelling falls within paragraph 6 of Schedule 2 (accommodation shared with landlord).

(4) But a person does not live in a dwelling as a lodger if he or she is given notice under paragraph 3 of Schedule 2 that his or her tenancy or licence is an occupation contract.

(5) A person is a permitted occupier of a dwelling subject to an occupation contract if—

(a) he or she lives in the dwelling as a lodger or sub-holder of the contract-holder, or

(b) he or she is not a lodger or sub-holder but is permitted by the contract-holder to live in the dwelling as a home.

Occupation date of an occupation contract

245

In this Act, the occupation date of an occupation contract is the day on which the contract-holder is entitled to begin occupying the dwelling.

Dwelling

246

(1) For the purposes of this Act “dwelling” means a dwelling which is ... in Wales, and⁠—

(a) does not include any structure or vehicle which is capable of being moved from one place to another, but

(b) includes any land occupied together with the dwelling, unless the land is agricultural land exceeding 0.809 hectares.

(2) “Agricultural land” means—

(a) land used as arable, meadow or pasture ground only;

(b) land used for a plantation or a wood or for the growth of saleable underwood;

(c) land used for the purpose of poultry farming, market gardens, nursery grounds, orchards or allotments, including allotment gardens within the meaning of the Allotments Act 1922 (c. 51),

but does not include land occupied together with a house as a park, gardens (other than as mentioned in paragraph (c)) or pleasure grounds, land used mainly or exclusively for purposes of sport or recreation or land used as a racecourse.

(3) Dwelling, in relation to an occupation contract, means the dwelling subject to the contract.

Meaning of “variation” of occupation contract

247

In this Act “variation”, in relation to an occupation contract—

(a) includes the addition or removal of a term of the contract;

(b) does not include any change in the identity of the landlord or contract-holder under the contract.

The court

248

In this Act “the court” means the High Court or the county court.

249

(1) In this Act “lease” and “tenancy” have the same meaning.

(2) Both expressions include—

(a) a sub-lease or a sub-tenancy, and

(b) a lease or tenancy (or a sub-lease or sub-tenancy) in equity.

(3) The expressions “lessor” and “lessee” and “landlord” and “tenant”, and references to letting, to the grant or making of a lease or to covenants or terms, are to be read accordingly.

(4) “Tenancy” and “licence” mean a tenancy or licence relating to a dwelling (see section 246).

Members of a family

250

(1) A person is a member of another's family for the purposes of this Act if—

(a) he or she is the spouse or civil partner of that person,

(b) he or she and that person live together as if they were spouses or civil partners, or

(2) For the purposes of subsection (1)(c)—

(a) a relationship by marriage or civil partnership is to be treated as a relationship by blood,

(b) a relationship between persons who have only one parent in common is to be treated as a relationship between persons who have both parents in common, and

Family property order

251

(1) For the purposes of this Act a family property order is an order under—

(a) section 24 of the Matrimonial Causes Act 1973 (c. 18) (property adjustment orders in connection with matrimonial proceedings),

(b) section 17 or 22 of the Matrimonial and Family Proceedings Act 1984 (c. 42) (property adjustment orders etc. after overseas divorce),

(d) Schedule 7 to the Family Law Act 1996 (c. 27) (transfer of tenancies on divorce or separation),

(e) Part 2 of Schedule 5 to the Civil Partnership Act 2004 (c. 33) (property adjustment orders in connection with civil partnership), or

(f) paragraph 9 or 13 of Schedule 7 to that Act (property adjustment orders etc. on overseas dissolution of civil partnership).

(2) An order under Schedule 1 to the Matrimonial Homes Act 1983 (c. 19) (as it continues to have effect because of Schedule 9 to the Family Law Act 1996) is also a family property order.

Minor definitions

252

In this Act—

“common parts” (“rhannau cyffredin”), in relation to a dwelling subject to an occupation contract, means—any part of a building comprising that dwelling, andany other premises (including any other dwelling),which the contract-holder is entitled under the terms of the contract to use in common with others;

“contract of employment” (“contract cyflogaeth”) means a contract of service or apprenticeship, whether express or implied and (if it is express) whether oral or in writing;

“Convention rights” (“hawliau Confensiwn”) has the same meaning as in the Human Rights Act 1998 (c. 42);

“enactment” (“deddfiad”) means an enactment (whenever enacted or made, unless the contrary intention appears) comprised in, or in an instrument made under—an Act of Parliament, ora Measure or an Act of the National Assembly for Wales (including this Act);

“fixed term contract” (“contract cyfnod penodol”) means an occupation contract that is not a periodic contract;

“housing association” (“cymdeithas dai”) has the same meaning as in the Housing Associations Act 1985 (c. 69) (see section 1 of that Act);

“housing association tenancy” (“tenantiaeth cymdeithas dai”) has the same meaning as in Part 6 of the Rent Act 1977 (c. 42) (see section 86 of that Act);

“housing trust” (“ymddiriedolaeth dai”) has the same meaning as in that Act (see section 2 of that Act);

“prescribed” (“rhagnodedig”) means prescribed by regulations made by the Welsh Ministers;

“registered charity” (“elusen gofrestredig”) means a charity registered under the Charities Act 2011 (c. 25);

“rent” (“rhent”) includes a sum payable under a licence;

“rental period” (“cyfnod rhentu”) means a period in respect of which a payment of rent falls to be made.

Index of terms

253

The following table contains an index of terms used in this Act (other than in sections or paragraphs where the term used is defined or explained in that section or paragraph)—

Crown application

254

This Act applies to the Crown.

Consequential and transitional provision etc.

Power to make consequential and transitional provision etc.

255

(1) If the Welsh Ministers consider it necessary or expedient for the purpose of giving full effect to any provision of this Act, or in consequence of any such provision, they may by regulations make—

(a) any supplemental, incidental, or consequential provision, and

(b) any transitory, transitional or saving provision.

(2) Regulations under subsection (1) may amend, repeal, revoke or modify any enactment (including a provision of this Act) ....

Regulations

256

(1) Any power to make regulations under this Act—

(a) is exercisable by statutory instrument,

(b) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas,

(c) may be exercised so as to make different provision for different kinds or descriptions of occupation contract, unless the power applies only in relation to particular kinds or descriptions of occupation contract, and

(d) includes power to make incidental, supplementary, consequential, transitory, transitional or saving provision.

(2) Regulations under this Act may make consequential amendments to, and modifications, repeals and revocations of, any enactment (including a provision of this Act).

(3) Regulations to which this subsection applies may not be made unless a draft of the statutory instrument containing the regulations (whether alone or with regulations to which this subsection does not apply) has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4) Subsection (3) applies to regulations under—

(a) section 9 (power to amend that section),

(b) section 22 (powers in relation to fundamental provisions),

(d) section 68 (power to amend sections 66 and 67),

(da) section 121 (power to amend Act in relation to power under periodic standard contract to exclude contract-holder from dwelling for specified periods),

(db) section 133 (power to amend Act in relation to power under fixed term standard contract to exclude contract-holder from dwelling for specified periods),

(e) section 217 (power to amend that section),

(f) section 223 (power to amend sections 220 and 222),

(g) section 229 (power to amend sections 225 to 228),

(ga) section 239A (power to make provision about certain tenancies and licences),

(h) paragraph 17 of Schedule 2 (power to amend that Schedule),

(i) paragraph 17 of Schedule 3 (power to amend that Schedule),

(j) paragraph 3 of Schedule 4 (power to change time limit for giving notice of extension of introductory period),

(k) paragraph 5 of Schedule 5 (power to amend that Schedule),

(l) paragraph 4 of Schedule 7 (power to change time limit for giving notice of extension of probationary period),

(la) paragraph 13 of Schedule 8A (power to amend that Schedule),

(m) paragraph 13 of Schedule 9 (power to amend that Schedule),

(ma) paragraph 8 of Schedule 9A (power to amend that Schedule),

(mb) paragraph 11 of Schedule 9B (power to amend that Schedule),

(mc) paragraph 11 of Schedule 9C (power to amend that Schedule), and

(n) paragraph 33 of Schedule 12 (power to amend that Schedule).

(5) Subsection (3) also applies to any other regulations under this Act which amend, modify or repeal any provision of an Act of Parliament or a Measure or Act of the National Assembly for Wales.

(6) A statutory instrument containing regulations made under a provision of this Act to which subsection (3) does not apply is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Coming into force and short title

Coming into force

257

(1) This Part comes into force on the day after the day on which this Act receives Royal Assent.

(2) The remaining provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(3) An order under this section may—

(a) include transitory, transitional or saving provision;

(b) make different provision for different cases or descriptions of case or different purposes or areas;

(d) appoint different days for different purposes.

Short title

258

The short title of this Act is the Renting Homes (Wales) Act 2016.

SCHEDULE 1

PART 1 — SECURE CONTRACTS

PART 2 — PERIODIC STANDARD CONTRACTS

PART 3 — FIXED TERM STANDARD CONTRACTS

SCHEDULE 2

PART 1 — TENANCIES AND LICENCES NOT WITHIN SECTION 7 THAT ARE OCCUPATION CONTRACTS IF NOTICE IS GIVEN

The rule

1

(1) A tenancy or licence which is not within section 7 may be an occupation contract if—

(a) it confers the right to occupy the dwelling as a home on an individual (“the beneficiary”) other than the person with whom it is made, and

(b) the notice condition is met.

(2) A tenancy or licence which is not within section 7 because no rent or other consideration is payable under it (and to which sub-paragraph (1) does not apply) may be an occupation contract if the notice condition is met.

(3) The notice condition is met if, before or at the time when the tenancy or licence is made, the landlord gives a notice to the person with whom it is made stating that it is to be an occupation contract.

Contracts for another’s benefit: further provision

2

(1) This paragraph applies where a notice under paragraph 1(3) is given in relation to a tenancy or licence within paragraph 1(1)(a).

(2) The notice may specify provisions of this Act and regulations made under it which are to have effect in relation to the occupation contract as if references to the contract-holder were references to the beneficiary.

(3) If it does so, the provisions specified in the notice have effect accordingly.

(4) Section 20(1)(b) and (2)(b) applies to fundamental provisions specified in the notice as if references to the contract-holder were references to the beneficiary.

PART 2 — TENANCIES AND LICENCES WITHIN SECTION 7 THAT ARE NOT OCCUPATION CONTRACTS UNLESS NOTICE IS GIVEN

The rule

3

(1) A tenancy or licence within section 7, but to which sub-paragraph (2) applies, is not an occupation contract unless the notice condition is met.

(2) This sub-paragraph applies to a tenancy or licence—

(a) which confers the right to occupy a dwelling for the purposes of a holiday,

(b) which relates to the provision of accommodation in a care institution (see paragraph 4),

(d) to which the shared accommodation exception applies (see paragraph 6).

(3) The notice condition is met if, before or at the time when the tenancy or licence is made, the landlord gives a notice to the person with whom it is made stating that it is to be an occupation contract.

Meaning of “care institution”

4

“Care institution” means—

(a) a health service hospital within the meaning of the National Health Service (Wales) Act 2006 (c. 49) (see section 206(1) of that Act),

(b) an independent hospital within the meaning of the Care Standards Act 2000 (c. 14) (see section 2 of that Act),

(c) a place at which a care home service within the meaning of paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over,

(c) a place at which a care home service within the meaning of paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over,

(d) a place at which a residential family centre service within the meaning of paragraph 3 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 is provided, or

(e) a place in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—

(i) a secure accommodation service within the meaning of paragraph 2 of Schedule 1 to that Act, or

(ii) a care home service within the meaning of paragraph 1 of Schedule 1 to that Act to persons wholly or mainly under the age of 18.

Meaning of “temporary expedient”

5

(1) A tenancy or licence is a temporary expedient if it is made as a temporary expedient with a person who entered the dwelling to which it relates (or any other dwelling) as a trespasser.

(2) It is irrelevant whether or not, before the beginning of the tenancy or licence, another tenancy or licence to occupy the dwelling (or any other dwelling) had been made with the person.

(3) A tenancy or licence which arises under section 238 is not a temporary expedient.

Meaning of “shared accommodation”

6

(1) The shared accommodation exception applies if—

(a) the terms of the tenancy or licence provide for the tenant or licensee to share any accommodation with the landlord, and

(b) immediately before the tenancy or licence is made the landlord occupies as the landlord's only or principal home a dwelling which includes all or part of the shared accommodation.

(2) But the exception applies under sub-paragraph (1) only while the person who is from time to time the landlord in relation to the tenancy or licence continues to occupy such a dwelling as that person's only or principal home.

(3) The shared accommodation exception also applies if—

(a) the terms of the tenancy or licence provide for the tenant or licensee to share any accommodation with another person (“the beneficiary”),

(b) immediately before the tenancy or licence is made the beneficiary occupies as his or her only or principal home a dwelling which includes all or part of the shared accommodation,

(d) under the trust the beneficiary—

(i) is entitled to an interest in the dwelling, and

(ii) by reason of that interest, is entitled to occupy the dwelling.

(4) But the exception applies under sub-paragraph (3) only while the beneficiary continues to occupy such a dwelling as the beneficiary's only or principal home.

(5) A tenant or licensee shares accommodation with the landlord or beneficiary if the tenant or licensee has the use of it in common with the landlord or beneficiary (whether or not in common with others).

(6) “Accommodation” does not include an area used for storage, or a staircase, passage, corridor or other means of access.

(7) If two or more persons are the landlord in relation to a tenancy or licence, references to the landlord are references to any one of them.

PART 3 — TENANCIES AND LICENCES THAT ARE NEVER OCCUPATION CONTRACTS

The rule

7

(1) A tenancy or licence is not an occupation contract at any time when this paragraph applies to it.

(2) This paragraph applies to a tenancy or licence if all the persons with whom it is made are excluded from being contract-holders by section 7(6) (individuals who have not reached the age of 18).

(3) This paragraph also applies to—

(a) a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies;

(b) a protected occupancy or a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976 (c. 80);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5);

(f) a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8);

(g) a long tenancy (see paragraph 8);

(h) a tenancy or licence which relates to armed forces accommodation (see paragraph 9);

(i) a tenancy or licence which relates to direct access accommodation (see paragraph 10);

(j) a tenancy or licence which relates to accommodation provided—

(i) by, or on behalf of, the Secretary of State in connection with a requirement imposed under section 3(6) (general provisions) of the Bail Act 1976 (c. 63), or

(ii) under Part 1 (arrangements for the provision of probation services) of the Offender Management Act 2007 (c. 21) for the probation purposes (within the meaning of section 1 of that Act);

(k) a tenancy or licence which relates to—

(i) accommodation provided under section 4 (accommodation) or Part 6 (support for asylum-seekers, etc.) of the Immigration and Asylum Act 1999 (c. 33), or

(ii) facilities provided under paragraph 9 of Schedule 10 to the Immigration Act 2016 (c. 19) (immigration bail) for the accommodation of a person at an address specified in an immigration bail condition;

(l) a licence which relates to private sector temporary homelessness accommodation (see paragraph 10A).

Meaning of “long tenancy”

8

(1) “Long tenancy” means—

(a) a tenancy for a fixed term of more than 21 years (whether or not it is or may become terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture),

(b) a tenancy for a term fixed by law because of a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy, or

(c) a tenancy made in pursuance of Part 5 of the Housing Act 1985 (c. 68) (the right to buy), including a tenancy made in pursuance of that Part as that Part had effect because of section 17 of the Housing Act 1996 (c. 52) (the right to acquire).

(2) But a tenancy terminable by notice after a death is not a long tenancy unless it is a shared ownership tenancy.

(3) A shared ownership tenancy is a tenancy which—

(a) was made with a housing association which was a registered social landlord or a private registered provider of social housing,

(b) was made for a premium calculated by reference to a percentage of the value of the dwelling or of the cost of providing it, and

(4) A tenancy made before any shared ownership regulations were in force is to be treated as within sub-paragraph (3)(c) if, when the tenancy was made, it complied with the requirements of the first such regulations to come into force after it was made.

(5) “Shared ownership regulations” means regulations under—

(a) section 140(4)(b) of the Housing Act 1980 (c. 51), or

(b) paragraph 5 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88) made for the purposes of paragraph 4(2)(b) of that Schedule.

Meaning of “armed forces accommodation”

9

Armed forces accommodation is accommodation which is provided to—

(a) a member of any of Her Majesty's forces,

(b) a member of the family of a member of any of Her Majesty's forces, or

for the purposes of any of Her Majesty's forces.

Meaning of “direct access accommodation”

10

(1) Direct access accommodation is accommodation which—

(a) is provided by a community landlord or a registered charity,

(b) (subject to availability) is provided on demand to any person who appears to satisfy criteria determined by the community landlord or charity, and

(2) Accommodation may be direct access accommodation even if it is provided to the same person for several periods in succession.

PART 4 — TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: HOMELESSNESS

11

A tenancy or licence within section 7, but made with an individual by a local housing authority because of the authority's functions under Part 2 of the Housing (Wales) Act 2014 (anaw 7) (homelessness), is not an occupation contract unless the authority is satisfied that it owes a duty to the individual under section 75(1) of that Act (duty to secure availability of suitable accommodation).

12

(1) This paragraph applies where a local housing authority, in pursuance of any of its homelessness housing functions, makes arrangements with a relevant landlord for the provision of accommodation , but this paragraph does not apply in relation to a licence of the kind described in paragraph 7(3)(l).

(2) A tenancy or licence within section 7 but made with a relevant landlord in pursuance of the arrangements is not an occupation contract until immediately after the end of the notification period.

(3) Sub-paragraph (2) does not apply if, before the end of the notification period, the landlord gives the person with whom the tenancy or licence is made notice that it is an occupation contract.

(4) The notification period is the period of 12 months starting with—

(a) the day on which that person was notified of—

(i) the outcome of the authority's assessment under section 62 of the Housing (Wales) Act 2014 (anaw 7) or the authority's decision under section 80(5) of that Act, or (as the case may be)

(ii) the authority's decision under section 184(3) or 198(5) of the Housing Act 1996 (c. 52), or

(b) if there is—

(i) a review of that decision under section 85 of the Housing (Wales) Act 2014 or an appeal to the county court under section 88 of that Act, or (as the case may be)

(ii) a review of that decision under section 202 of the Housing Act 1996 or an appeal to the court under section 204 of that Act,

the day on which that person is notified of the outcome of the assessment or the decision on review, or the day on which the appeal is finally determined.

(5) In this paragraph—

“homelessness housing functions” (“swyddogaethau darparu tai i'r digartref”) means⁠—in relation to a local housing authority for an area in Wales, its functions under sections 68, 73, 75, 82 and 88(5) of the Housing (Wales) Act 2014, andin relation to a local housing authority for an area in England, its functions under sections 188, 190, 200 and 204(4) of the Housing Act 1996;

“local housing authority” (“awdurdod tai lleol”) means—in relation to Wales, a county council for an area in Wales or a county borough council, andin relation to England, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

“relevant landlord” (“landlord perthnasol”) means—a community landlord which is a registered social landlord or a private registered provider of social housing, ora private landlord.

PART 5 — TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION

13

(1) A tenancy or licence within section 7, but which relates to supported accommodation (see section 143), is not an occupation contract if the landlord intends that the accommodation provided under the tenancy or licence is not to be subject to an occupation contract.

(2) But if the tenancy or licence continues after the end of the relevant period, it becomes an occupation contract immediately after the end of that period.

(3) The relevant period is (subject to paragraph 14)—

(a) the period of six months starting with the start date of the tenancy or licence, or

(b) if the relevant period has been extended under paragraph 15, the period starting with the start date of the tenancy or licence and ending with the date specified in the notice of extension.

(4) The occupation date of a tenancy or licence which becomes an occupation contract under sub-paragraph (2) is the day immediately after the last day of the relevant period.

(5) For the purposes of this Part, the start date of a tenancy or licence is the day on which the tenant or licensee is first entitled under the tenancy or licence to occupy the dwelling subject to the tenancy or licence.

Meaning of relevant period where there are previous contracts

14

(1) This paragraph applies in relation to a tenancy or licence mentioned in paragraph 13(1) (“the current tenancy or licence”) if—

(a) the tenant or licensee was previously entitled to occupy supported accommodation under one or more relevant previous contracts, and

(b) the current tenancy or licence is the immediate successor of a relevant previous contract.

(2) A relevant previous contract is a tenancy or licence which relates to supported accommodation and to—

(a) the dwelling to which the current tenancy or licence relates (“the current dwelling”);

(b) if the current dwelling forms part only of a building, another dwelling which is in⁠—

(i) that building, or

(ii) if that building is one of a number of buildings managed as a single entity, any of those buildings.

(3) If there is a sole tenant or licensee and one relevant previous contract, the relevant period is—

(a) the period of six months starting with the start date of the relevant previous contract, or

(b) if the relevant period has been extended under paragraph 15, the period set out in the notice of extension.

(4) If there is a sole tenant or licensee and two or more relevant previous contracts running in immediate succession, the relevant period is—

(a) the period of six months starting with the start date of the first of those contracts, or

(b) if the relevant period has been extended under paragraph 15, the period set out in the notice of extension.

(5) If there are joint tenants or licensees, the relevant period is—

(a) the period of six months starting with the date determined by—

(i) identifying, in relation to each joint tenant or licensee, the date on which the relevant period would start under sub-paragraph (3)(a) or (4)(a) if he or she were the sole tenant or licensee, and

(ii) taking the earliest of those dates, or

(b) if the relevant period has been extended under paragraph 15, the period set out in the notice of extension.

(6) A tenancy or licence (“contract 2”) is the immediate successor of another tenancy or licence (“contract 1”) if contract 1 ends immediately before the start date of contract 2.

Extending the relevant period

15

(1) The landlord may (on one or more occasions) extend the relevant period of a tenancy or licence mentioned in paragraph 13(1) by giving the tenant or licensee a notice of extension in accordance with this paragraph.

(2) The relevant period may not be extended by more than three months on any separate occasion.

(3) The notice of extension must be given at least four weeks before the date on which the relevant period would end under whichever of the following applies—

(a) paragraph 13(3)(a) or (b);

(b) paragraph 14(3)(a) or (b);

(d) paragraph 14(5)(a) or (b).

(4) Before giving a notice of extension, the landlord must consult the tenant or licensee.

(5) A landlord (other than a local housing authority) may not give a notice of extension without the consent of the local housing authority in whose area the accommodation is provided.

(6) The notice of extension must—

(a) state that the landlord has decided to extend the relevant period,

(b) set out the reasons for extending the relevant period,

(c) if the landlord is not a local housing authority, state that the local housing authority in whose area the accommodation is provided has consented to the extension, and

(d) specify the date on which the relevant period will come to an end.

(7) The notice of extension must also inform the tenant or licensee that he or she has a right to apply for a review in the county court under paragraph 16, and of the time by which the application must be made.

(8) In making the decision to extend the relevant period, the landlord may take into account⁠—

(a) the conduct of the tenant or licensee (or, if there is more than one tenant or licensee, the conduct of any of them), and

(b) the conduct of any person who appears to the landlord to live in the dwelling.

(9) A landlord may take a person's conduct into account under sub-paragraph (8)(b) whether or not the person lives continuously in the dwelling, and whatever the capacity in which the person lives in the dwelling.

(10) The Welsh Ministers may make provision by regulations for the purposes of sub-paragraph (5), including provision about the procedure to be followed in relation to obtaining the consent of a local housing authority.

County court review of decision to extend

16

(1) This section applies if a landlord gives a tenant or licensee a notice of extension under paragraph 15.

(2) The tenant or licensee may apply to the county court for a review—

(a) where the landlord is a local housing authority, of the decision to give a notice of extension, or

(b) where the landlord is not a local housing authority, of the local housing authority's decision to consent to the landlord giving the notice of extension.

(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 tenant or licensee a notice of extension.

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

(5) The county court may—

(a) confirm or quash the decision, or

(b) vary the length of the extension (subject to paragraph 15(2)).

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

(7) If the county court varies the length of the extension, the notice of extension has effect accordingly.

(8) If the county court quashes the decision—

(a) the notice of extension is of no effect, and

(b) the county court may make any order the High Court could make when making a quashing order on an application for judicial review.

(9) If the county court quashes the decision and the landlord gives the tenant or licensee a further notice of extension under paragraph 15 before the end of the post-review period, the notice has effect as if given in accordance with paragraph 15(3) (other than for the purposes of sub-paragraph (3)).

(10) The post-review period is the period of 14 days beginning with the day on which the county court varies the length of the extension or quashes the decision.

PART 6 — POWER TO AMEND SCHEDULE

17

The Welsh Ministers may by regulations amend this Schedule.

SCHEDULE 3

Occupation contracts by notice

1

An occupation contract which would not be an occupation contract but for a notice under paragraph 1 or 3 of Schedule 2.

Supported accommodation

2

An occupation contract which relates to supported accommodation.

Introductory occupation

3

(1) An occupation contract within this paragraph which does not relate to supported accommodation.

(2) An occupation contract is within this paragraph unless, immediately before the relevant date—

(a) a contract-holder under it was a contract-holder under a secure contract, and

(b) the landlord under the secure contract was a community landlord.

(3) The relevant date—

(a) in relation to a contract made with a community landlord, is the occupation date, and

(b) in relation to a contract under which a community landlord becomes the landlord, is the day on which it becomes the landlord.

Accommodation for asylum seekers

4

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

Accommodation for displaced persons

5

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

Accommodation for homeless persons

6

An occupation contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).

Service occupancy: general

7

(1) An occupation contract where the contract-holder—

(a) is employed by a relevant employer, and

(b) is required by his or her contract of employment to occupy the dwelling.

(2) “Relevant employer” means—

(a) a local authority;

(b) a new town corporation;

(d) an urban development corporation;

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

(f) a private registered provider of social housing;

(g) a manager who exercises a local housing authority's management functions under a management agreement;

(h) the governing body of any of the following schools (see the School Standards and Framework Act 1998 (c. 31))—

(i) a voluntary aided school,

(ii) a foundation school, or

(iii) a foundation special school.

(3) “Management agreement” means an agreement under section 27 of the Housing Act 1985 (c. 68) and “manager” means a person with whom the agreement is made.

Service occupancy: police

8

An occupation contract where—

(a) the contract-holder is a member of a police force, and

(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c.16) (general regulations as to government, administration and conditions of service).

Service occupancy: fire and rescue services

9

An occupation contract where—

(a) the contract-holder is an employee of a fire and rescue authority,

(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and

Student accommodation

10

(1) An occupation contract where the right to occupy is conferred for the sole purpose of enabling the contract-holder to attend a designated course at an educational establishment.

(2) “Designated course” means a course of any kind prescribed for the purposes of this paragraph.

(3) “Educational establishment” means an institution or university which provides further education or higher education (or both); and “further education” and “higher education” have the same meaning as in the Education Act 1996 (c. 56) (see sections 2 and 579 of that Act).

Temporary accommodation: land acquired for development

11

(1) An occupation contract where—

(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and

(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.

(2) “Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).

Temporary accommodation: persons taking up employment

12

An occupation contract where—

(a) immediately before the making of the contract the contract-holder was not living in the local housing authority area in which the dwelling is situated,

(b) before the making of the contract the contract-holder obtained employment or an offer of employment in that area or in an adjoining local housing authority area, and

(c) the right to occupy was conferred for the purpose of meeting the contract-holder's need for temporary accommodation in the local housing authority area in which the dwelling is situated or in an adjoining local housing authority area in order to work there, and enabling him or her to find permanent accommodation there.

Temporary accommodation: short-term arrangements

13

An occupation contract where—

(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,

(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,

(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.

Temporary accommodation: accommodation during works

14

(1) An occupation contract where—

(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,

(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and

(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.

(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.

(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under an occupation contract if that person was an earlier contract-holder under the same contract.

15

(1) An occupation contract where—

(a) the allocation rules did not apply to the making of the contract, or

(b) the dwelling is made available to the contract-holder because he or she is a key worker.

(2) The allocation rules are the landlord's rules for determining priority as between applicants in the allocation of housing accommodation, and include any rule or practice whereby the landlord provides accommodation to persons nominated by a local housing authority.

(3) Whether a contract-holder is a “key worker” is to be determined in accordance with regulations made by the Welsh Ministers.

(4) The regulations may include provision identifying key workers by reference to the nature of their employment, the identity of their employer, and the amount of their earnings.

Dwellings intended for transfer

16

An occupation contract where—

(a) the community landlord is a registered social landlord or a private registered provider of social housing,

(b) the landlord has acquired or built or otherwise developed the dwelling with the intention of transferring it to a fully mutual housing association or a co-operative housing association, and

Power to amend Schedule

17

The Welsh Ministers may by regulations amend this Schedule.

SCHEDULE 4

Introductory period

1

(1) The introductory period, in relation to an occupation contract which is a periodic standard contract because the first exception in section 11 or 12 applies and because it is within paragraph 3 of Schedule 3, is—

(a) the period of 12 months starting with the introduction date of the contract, or

(b) if there is an extension under paragraph 3, the period of 18 months starting with the introduction date of the contract.

(2) Sub-paragraph (3) applies instead of sub-paragraph (1) if, at the end of what would be the introductory period under sub-paragraph (1)—

(a) a possession claim made by the landlord in respect of the dwelling has not been concluded, or

(b) the landlord has given the contract-holder a possession notice or a notice under section 173 (landlord's notice to end contract), and the period before the end of which the landlord may make a possession claim has not ended.

(3) Where this sub-paragraph applies, the introductory period is the period starting with the introduction date of the contract and ending—

(a) when a relevant event occurs, or

(b) if no relevant event occurs, immediately after the contract ends.

(4) In a case within sub-paragraph (2)(a) the relevant event is the conclusion of the possession claim in favour of the contract-holder.

(5) In a case within sub-paragraph (2)(b) each of the following is a relevant event—

(a) withdrawal of the notice;

(b) the period ending without a possession claim having been made;

(6) If a private landlord becomes the landlord under the contract before the time at which the introductory period would end apart from this sub-paragraph, the introductory period ends.

(7) The introduction date of an occupation contract is (subject to paragraph 2)—

(a) the occupation date of the contract, or

(b) if the contract became a periodic standard contract because the first exception in section 12 applied and because it was within paragraph 3 of Schedule 3 on a community landlord becoming the landlord under the contract, the day the community landlord became the landlord.

Meaning of introduction date where there are previous introductory standard contracts

2

(1) This paragraph applies in relation to an occupation contract which is a periodic standard contract because the first exception in section 11 or 12 applies and because it is within paragraph 3 of Schedule 3 if—

(a) a contract-holder under the contract (“the current contract”) was previously a contract-holder under one or more introductory standard contracts (“previous contracts”), and

(b) the current contract is the immediate successor of a previous contract.

(2) If there is a sole contract-holder and one previous contract, the introduction date of the current contract is the introduction date of the previous contract.

(3) If there is a sole contract-holder and two or more previous contracts running in immediate succession, the introduction date of the current contract is the introduction date of the first of those contracts.

(4) If there are joint contract-holders, the introduction date of the contract is determined by⁠—

(a) identifying, in relation to each joint contract-holder, what the introduction date would be under sub-paragraphs (2) and (3) if he or she were the sole contract-holder, and

(b) taking the earliest of those dates.

(5) Sub-paragraph (6) applies if the introductory period of a previous contract with the same introduction date as the current contract was extended under paragraph 3.

(6) Where this sub-paragraph applies, the introductory period of the current contract is the period of 18 months starting with the introduction date of the current contract.

(7) An occupation contract (“contract 2”) is the immediate successor of another contract (“contract 1”) if contract 1 ends immediately before the occupation date of contract 2.

Extending the introductory period

3

(1) The landlord may extend the introductory period to the period of 18 months starting with the introduction date of the contract by giving the contract-holder a notice of extension.

(2) The notice of extension must be given to the contract-holder at least eight weeks before the day on which the introductory period would end under paragraph 1(1)(a).

(3) The notice of extension must state that the landlord has decided to extend the introductory period, and set out the reasons for that decision.

(4) The notice of extension must also inform the contract-holder that he or she has a right to request a review under paragraph 4 of the landlord's decision to extend the introductory period, and of the time by which the request must be made.

(5) In making the decision to extend the introductory period, the landlord may take into account—

(a) the conduct of the contract-holder (or, if there are joint contract-holders, the conduct of any of them), and

(b) the conduct of any person who appears to the landlord to live in the dwelling.

(6) A landlord may take a person's conduct into account under sub-paragraph (5)(b) whether or not the person lives continuously in the dwelling, and whatever the capacity in which the person lives in the dwelling.

(7) The Welsh Ministers may by regulations amend sub-paragraph (2) for the purpose of changing when a notice of extension must be given to a contract-holder....

Landlord’s review of decision to extend introductory period

4

(1) If a landlord gives a notice of extension under paragraph 3, the contract-holder may request that the landlord carries out a review of the decision to give the notice.

(2) The request must be made to the landlord before the end of the period of 14 days (or such longer period as the landlord may allow in writing) starting with the day on which the landlord gives the contract-holder the notice of extension.

(3) If the contract-holder requests a review in accordance with sub-paragraph (2), the landlord must carry out the review.

(4) Following a review, the landlord may—

(a) confirm the decision to give the notice, or

(b) reverse the decision.

(5) The landlord must notify the contract-holder of the outcome of the review before the date on which the introductory period would end under paragraph 1(1)(a).

(6) If the landlord confirms the decision, the notice must—

(a) set out the reasons for the confirmation, and

(b) inform the contract-holder that he or she has a right to apply for a review in the county court under paragraph 5, and of the time by which the application must be made.

(7) The Welsh Ministers may prescribe the procedure to be followed in connection with a review under this paragraph.

(8) Regulations under sub-paragraph (7) may, amongst other things—

(a) require the review to be carried out by a person of appropriate seniority who has not been involved in the decision, and

(b) set out circumstances in which a contract-holder is entitled to an oral hearing, and whether and by whom he or she may be represented at such a hearing.

County court review of decision to extend

5

(1) This paragraph applies if a landlord, following a request for a review made in accordance with paragraph 4(2)—

(a) gives notice under paragraph 4(5) informing the contract-holder that the landlord has decided to confirm a decision to give a notice of extension under paragraph 3, or

(b) fails to give notice in accordance with paragraph 4(5).

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

(3) The application must be made—

(a) before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder notice under paragraph 4(5), or

(b) if no notice has been given in accordance with paragraph 4(5), before the end of the period of 14 days starting with the day after the date by which the landlord was required to give notice under that sub-paragraph.

(4) The county court may give permission for an application to be made after the end of the period allowed by sub-paragraph (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 of extension.

(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—

(a) the notice of extension is of no effect, and

(b) the county court 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 of extension under paragraph 3 before the end of the post-review period⁠—

(a) the notice has effect as if given in accordance with paragraph 3(2) (other than for the purposes of paragraph 4(2)), and

(b) paragraph 4(5) is to be read as if it requires the landlord to notify the contract-holder of the outcome of a review under that paragraph before the end of the period of 14 days starting with the day on which the contract-holder requested the review.

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

Written statement may address secure contract arising at end of introductory standard contract

6

(1) Sub-paragraph (2) applies if, before the end of the introductory period, the landlord and the contract-holder have agreed (subject to the provisions of this Act as to the incorporation of fundamental and supplementary provisions) what the terms of the secure contract that may arise at the end of the introductory period are to be.

(2) A written statement of the introductory standard contract may set out the terms of the secure contract by—

(a) identifying the terms of the introductory standard contract that will not be terms of the secure contract, and setting out the terms that will apply only to the secure contract, or

(b) separately setting out all of the terms of the secure contract.

(3) Where a written statement of an introductory standard contract addresses the secure contract in accordance with sub-paragraph (2) (a “relevant written statement”)—

(a) the relevant written statement is not incorrect (see section 37) merely because it addresses the secure contract,

(b) the landlord is to be treated as having complied with the requirement in section 31(1) (provision of written statement) in relation to the secure contract, and

(c) the terms of the secure contract may not be enforced against the contract-holder before the occupation date of that contract (and accordingly, section 42 does not apply).

(4) If the occupation date of a secure contract addressed in a relevant written statement changes because the landlord has extended the introductory period in accordance with paragraph 3, the relevant written statement is not incorrect merely because it does not set out the new occupation date.

7

(1) A secure contract addressed in a relevant written statement may be varied by agreement between the landlord and the contract-holder before the occupation date of the secure contract, subject to sub-paragraphs (2) to (5).

(2) Section 108(1) to (5) (limit on variation) applies in relation to such a variation.

(3) Sections 109(1) to (3) and 110 (written statement of variation) apply in relation to such a variation.

(4) Section 104(1) to (3) or (as the case may be) section 105(1)(b) and (2) to (4) applies in relation to a variation of the rent or other consideration which is to be payable under the secure contract.

(5) Sections 104(3)(a) and 105(4)(a), as applied by sub-paragraph (4), are to be read as if for “any date” there were substituted “ the occupation date of the secure contract, or a later date ”.

(6) This paragraph is a fundamental provision which is incorporated as a term of all introductory standard contracts where the written statement of the contract is a relevant written statement; section 20 provides that this paragraph—

(a) must be incorporated, and

(b) must not be incorporated with modifications.

Terms of secure contract which was an introductory standard contract

8

(1) This paragraph applies where an introductory standard contract ends and is replaced with a secure contract because the introductory period has ended, and the landlord has not addressed the secure contract in the written statement of the introductory standard contract in accordance with paragraph 6(2).

(2) If the landlord and the contract-holder have agreed what the terms of the secure contract are to be in that event, the terms of the contract are the terms agreed.

(3) Sub-paragraph (2) is subject to the provisions of this Act as to the incorporation of fundamental and supplementary provisions.

(4) If the landlord and the contract-holder have not agreed what the terms of the secure contract are to be in that event—

(a) the fundamental and supplementary provisions applicable to secure contracts made with the landlord are incorporated as terms of the contract without modification,

(b) any terms of the contract which are incompatible with those fundamental or supplementary provisions cease to have effect, and

Landlord’s duty to give address at start of contract does not apply in relation to secure contract

9

The requirement in section 39(1) (landlord must give contract-holder a contact address at start of contract) does not apply in relation to a secure contract which replaces an introductory standard contract.

SCHEDULE 5

Deposit schemes

1

(1) The Welsh Ministers must make arrangements for securing that one or more deposit schemes are available.

(2) “Deposit scheme” means a scheme for the purpose of—

(a) safeguarding deposits paid in connection with occupation contracts, and

(b) facilitating the resolution of disputes arising in connection with such deposits.

(3) “Arrangements” means arrangements with any person (“the scheme administrator”) under which the scheme administrator undertakes to establish and maintain a deposit scheme of a description specified in the arrangements.

(4) The arrangements must require the scheme administrator to give the Welsh Ministers such information, and such facilities for obtaining information, as the Welsh Ministers may require.

(5) The Welsh Ministers may—

(a) give financial assistance to the scheme administrator;

(b) make other payments to the scheme administrator in pursuance of the arrangements;

(c) guarantee the discharge of any financial obligation incurred by the scheme administrator in connection with the arrangements.

(6) The Welsh Ministers may make regulations conferring powers and imposing duties on scheme administrators.

Authorised deposit schemes: proceedings where the occupation contract has not ended

2

(1) Where a deposit has been paid in connection with an occupation contract that has not ended, the contract-holder (or any person who has paid the deposit on his or her behalf) may make an application to the county court on any of the following grounds.

(2) The first ground is that the landlord has not complied with section 45(2)(a) (initial requirements of an authorised deposit scheme).

(3) The second ground is that the landlord has not complied with section 45(2)(b) (provision of required information).

(4) The third ground is that the applicant—

(a) has been notified by the landlord that a particular authorised deposit scheme applies to the deposit, but

(b) has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.

(5) The county court must act as follows if—

(a) in the case of an application on the first or second ground, it is satisfied that the ground is made out, or

(b) in the case of an application on the third ground, it is not satisfied that the deposit is being held in accordance with an authorised deposit scheme.

(6) The county court must either—

(a) order the person who appears to be holding the deposit to repay the deposit to the applicant before the end of the relevant period, or

(b) order the person who appears to be holding the deposit to pay the deposit, before the end of the relevant period, to the scheme administrator of a custodial deposit scheme (if such a scheme is in force in accordance with arrangements under paragraph 1) to be held in accordance with the scheme.

(7) The county court must also order the landlord to pay to the applicant, before the end of the relevant period, a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit.

(8) The relevant period is the period of 14 days beginning with the date of the order.

(9) For the purposes of this paragraph, a custodial deposit scheme is a deposit scheme (within the meaning of paragraph 1(2)) under which deposits are paid to the scheme administrator by the landlord and held by the scheme administrator until, in accordance with the scheme, they fall to be paid to the landlord or contract-holder (or any person who paid the deposit on the contract-holder's behalf).

Authorised deposit schemes: proceedings where the occupation contract has ended

3

(1) Where a deposit has been paid in connection with an occupation contract that has ended, the person who was the contract-holder under the contract (or any person who paid the deposit on his or her behalf) may make an application to the county court on any of the following grounds.

(2) The first ground is that the landlord did not comply with section 45(2)(a) (initial requirements of an authorised deposit scheme).

(3) The second ground is that the landlord did not comply with section 45(2)(b) (provision of required information).

(4) The third ground is that the applicant—

(a) was notified by the landlord that a particular authorised deposit scheme applied to the deposit, but

(b) has been unable to obtain confirmation from the scheme administrator that the deposit is being held in accordance with the scheme.

(5) If the county court—

(a) in the case of an application on the first or second ground, is satisfied that the ground is made out, or

(b) in the case of an application on the third ground, is not satisfied that the deposit is being held in accordance with an authorised deposit scheme,

it may order the person who appears to be holding the deposit to repay all or part of the deposit to the applicant before the end of the relevant period.

(6) If sub-paragraph (5)(a) or (b) applies, the county court (whether or not it makes an order under that sub-paragraph) must order the landlord to pay to the applicant, before the end of the relevant period, a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit.

(7) The relevant period is the period of 14 days beginning with the date of the order.

Existing deposit used in connection with a renewed or other kind of substitute occupation contract

4

(1) This paragraph applies where—

(a) a contract-holder paid a deposit in connection with an occupation contract (“the original contract”),

(b) the landlord, in respect of the deposit—

(i) dealt with it in accordance with an authorised deposit scheme,

(ii) complied with the initial requirements of the scheme, and

(iii) provided the information required by section 45(2)(b),

(d) the deposit that was paid in connection with the original contract continues to be held—

(i) in connection with the substitute occupation contract, and

(ii) in accordance with the same authorised deposit scheme as when the requirements mentioned in paragraph (b)(ii) and (iii) were last complied with in respect of it.

(2) This paragraph also applies where—

(a) a substitute occupation contract is replaced with a new substitute occupation contract, and

(b) the deposit that was paid in connection with the original contract continues to be held—

(i) in connection with the new substitute occupation contract, and

(ii) in accordance with the same authorised deposit scheme as when the requirements mentioned in sub-paragraph (1)(b)(ii) and (iii) were last complied with in respect of it.

(3) The landlord is to be treated as having complied with the requirements in section 45 in relation to the deposit held in connection with the substitute occupation contract.

(4) For the purposes of this paragraph, an occupation contract is replaced with a substitute occupation contract if—

(a) the occupation date of the substitute occupation contract falls immediately after the end of the preceding occupation contract,

(b) the landlord and contract-holder under the substitute occupation contract are the same as under the preceding contract, and

(c) the substitute occupation contract relates to the same (or substantially the same) dwelling as the preceding contract.

Power to amend Schedule

5

The Welsh Ministers may by regulations amend this Schedule.

SCHEDULE 6

PART 1 — INTRODUCTORY

1

(1) This Schedule applies for the purpose of determining whether—

(a) it is reasonable for a landlord to refuse consent to a transaction, or

(b) a condition subject to which a landlord gives consent is reasonable.

(2) Part 2 sets out circumstances which must be taken into account for that purpose, to the extent that they are relevant (and to the extent that there is no other requirement to take them into account for that purpose; for example, under the Human Rights Act 1998 (c. 42)).

(3) Part 3 sets out circumstances (in addition to those in Part 2) which must be taken into account for that purpose in relation to specific kinds of transaction, to the extent that they are relevant (and to the extent that there is no other requirement to take them into account for that purpose).

(4) Parts 2 and 3 also set out certain circumstances in which it is always reasonable for a landlord to refuse consent or impose conditions (subject to the Convention rights of the contract-holder and any other person affected by the landlord's decision).

PART 2 — CIRCUMSTANCES WHICH MAY BE RELEVANT TO REASONABLENESS GENERALLY

Status of occupation contract

2

Whether any party to the contract has taken steps towards ending the contract or done any act which may cause the contract to end.

The dwelling

3

(1) The size and suitability of the dwelling affected by the transaction.

(2) Whether, as a result of the transaction, the dwelling will—

(a) constitute an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985 (c. 68) (see section 324 of that Act),

(b) provide substantially more extensive accommodation than is reasonably required by the persons who will occupy the dwelling as a home, or

(3) Whether, if the transaction were to take place, an estate management ground would become available to the landlord (see Schedule 8).

(4) If the landlord has established requirements as to—

(a) the number of persons who are to occupy the dwelling affected by the transaction as a home, or

(b) the age or general characteristics of those persons,

whether the persons who will occupy the dwelling as a home will meet those requirements.

(5) But the landlord's requirements are to be taken into account under sub-paragraph (4) only to the extent that they are reasonable.

Circumstances of contract-holder and other occupiers

4

(1) The probable effect of the transaction on—

(a) the parties to the transaction, and

(b) any other person who occupies, or as a result of the transaction will occupy, the dwelling affected by the transaction as a home.

(2) The financial interests of the contract-holder; but this sub-paragraph does not apply (subject to the contract-holder's Convention rights) if the occupation contract is a secure contract and the landlord is a community landlord.

5

(1) The conduct of the contract-holder (including, in particular, whether he or she is or has been in breach of the occupation contract).

(2) Whether, if the landlord asked the contract-holder for information to enable the landlord to deal with the request for consent, the contract-holder provided that information.

6

If the contract-holder is in breach of the occupation contract when he or she requests the landlord's consent to the transaction, it is reasonable for the landlord to impose a condition that—

(a) the landlord's consent is to take effect only after the contract-holder ceases to be in breach, or

(b) despite anything in this Act or the occupation contract the person, or all the persons, who will be contract-holders after the transaction are to be liable in respect of the breach.

Circumstances of landlord

7

(1) The landlord's interests, including the landlord's financial interests.

(2) If the landlord is a community landlord, the probable effect of the transaction on its ability to fulfil its housing functions.

(3) Whether (and if so, when) a person would obtain a dwelling (or a dwelling similar to the dwelling affected by the transaction) from the landlord if the transaction did not take place.

(4) If the landlord is required to publish a summary of rules under section 106 of the Housing Act 1985 (c. 68) (allocation of housing accommodation), those rules.

(5) If the landlord is a local housing authority, its allocation scheme (within the meaning of section 167 of the Housing Act 1996 (c. 52)) and any information available under section 167(4A) of that Act to a person applying for an allocation of housing accommodation.

(6) If neither sub-paragraph (4) nor sub-paragraph (5) applies but the landlord has criteria for the allocation of accommodation, those criteria.

8

(1) The landlord's refusal of consent to a transaction is reasonable if—

(a) the landlord is a local housing authority, and

(b) as a result of the transaction a person who is ineligible (or is to be treated as ineligible) for an allocation of housing accommodation by the landlord will become a contract-holder.

(2) Sub-paragraph (1) does not apply to a transfer to a potential successor under section 114 or to a secure contract-holder under section 118.

(3) Whether a person is ineligible, or is to be treated as ineligible, for an allocation of housing accommodation by the landlord is to be determined in accordance with section 160A of the Housing Act 1996 (c. 52) and regulations under that section.

PART 3 — CIRCUMSTANCES WHICH MAY BE RELEVANT TO REASONABLENESS IN RELATION TO PARTICULAR TRANSACTIONS

Section 49: proposed joint contract-holder

9

(1) This paragraph applies where the contract-holder under the occupation contract seeks the landlord's consent to adding a joint contract-holder under section 49.

(2) Where this paragraph applies, the following circumstances (in addition to those in Part 2) must be taken into account (to the extent that they are relevant)—

(a) whether the proposed joint contract-holder is a suitable contract-holder;

(b) whether he or she is a member of the contract-holder's family (see section 250) and, if so, the nature of the relationship;

(d) whether he or she is likely, but for being made a joint contract-holder, to succeed to the contract under section 73.

(3) Circumstances relevant to sub-paragraph (2)(a) may include whether the proposed joint contract-holder—

(a) is likely to comply with the contract, and

(b) has complied with other occupation contracts (whether as contract-holder under those contracts or otherwise).

(4) Circumstances relevant to sub-paragraph (2)(c) may include—

(a) whether the landlord would have been able to refuse consent if the contract-holder requested the landlord's consent to a transfer of the contract to the proposed joint contract-holder, and

(b) any circumstances that would be relevant if the landlord were considering whether to make a new occupation contract in relation to the dwelling with that person.

(5) Circumstances relevant to sub-paragraph (2)(d) may include the probable effect of giving consent as regards—

(a) the persons who may in future be qualified to succeed to the occupation contract, and

(b) the period for which the occupation contract is likely to continue in force if one or more of those persons do succeed to it.

10

(1) This paragraph applies where the contract-holder under the occupation contract seeks the landlord's consent to adding a joint contract-holder under section 49.

(2) If the landlord considers that the probable effect of giving consent is to substantially lengthen the period during which the occupation contract is likely to continue in force, it is reasonable for the landlord to impose the condition mentioned in sub-paragraph (3).

(3) The condition is that the joint contract-holder is to be treated for the purposes of this Act as a priority successor or as a reserve successor in relation to the occupation contract.

Section 114: transfer to potential successor in relation to a secure contract

11

(1) This paragraph applies if a contract-holder under a secure contract seeks the landlord's consent to a transfer of the contract to a potential successor in accordance with section 114.

(2) Where this paragraph applies the following circumstances (in addition to those in Part 2) must be taken into account (to the extent that they are relevant)—

(a) the probable effect of giving consent as regards the persons who may in future be qualified to succeed to the occupation contract, and

(b) the period for which the occupation contract is likely to continue in force if one or more of those persons do succeed to it.

12

(1) This paragraph applies if a contract-holder under a secure contract seeks the landlord's consent to a transfer of the contract to a potential successor in accordance with section 114.

(2) If the landlord considers that the probable effect of giving consent is to lengthen substantially the period during which the occupation contract is likely to continue in force, it is reasonable for the landlord to impose the condition mentioned in sub-paragraph (3).

(3) The condition is that the potential successor is to be treated for the purposes of this Act as a priority successor or as a reserve successor in relation to the occupation contract.

Section 118: transfer to secure contract-holder in relation to a secure contract with a community landlord

13

(1) This paragraph applies if a contract-holder under a secure contract (“the transferor”) seeks to transfer the contract in accordance with section 118 to a person (“the transferee”) who is a contract-holder under another secure contract.

(2) Where this paragraph applies, the following circumstances (in addition to those in Part 2) must be taken into account (to the extent that they are relevant)—

(a) whether the transfer is to be part of a series of transactions and, if it is, all the circumstances relating to the other transactions intended to be part of the series (see also paragraph 14(2)), and

(b) whether the transferee is a priority or reserve successor in relation to the secure contract under which he or she is a contract-holder before the transfer (see also paragraph 14(3)).

14

(1) This paragraph applies if a contract-holder under a secure contract (“the transferor”) seeks to transfer the contract in accordance with section 118 to a person (“the transferee”) who is a contract-holder under another secure contract.

(2) If the transfer is to be part of a series of transactions it is reasonable to impose a condition that the transfer may take place only if the other transactions take place.

(3) If the transferee is a priority or reserve successor in relation to the secure contract under which he or she is a contract-holder before the transfer, it is reasonable to impose a condition requiring that the transferee is to be treated for the purposes of this Act as a successor of that kind in relation to the secure contract transferred to him or her by the transferor.

SCHEDULE 7

Procedure on application for an order under section 116

1

(1) The court may not hear a landlord's application for an order under section 116 unless—

(a) the landlord has given notice to the contract-holder of the landlord's intention to apply for such an order, or

(b) the court considers it reasonable to dispense with the requirement of notice.

(2) A notice under sub-paragraph (1) must give particulars of the conduct in respect of which the order is sought and state that proceedings may not be brought—

(a) before the day specified in the notice, or

(b) after the end of the period of six months starting with the day on which the notice is given to the contract-holder.

(3) The day specified for the purposes of sub-paragraph (2)(a) may be the day on which the notice is given to the contract-holder.

(4) The landlord may, in the same proceedings, apply to the court for an order under section 116 and make a possession claim.

Terms of prohibited conduct standard contract

2

(1) This section applies where a periodic standard contract is created by an order under section 116.

(2) If the landlord and the contract-holder agree the terms of the periodic standard contract, the terms of the contract are the terms agreed.

(3) Sub-paragraph (2) is subject to the provisions of this Act about the incorporation of fundamental and supplementary provisions.

(4) If the landlord and the contract-holder do not agree the terms of the periodic standard contract—

(a) the fundamental and supplementary provisions applicable to periodic standard contracts are incorporated as terms of the contract without modification,

(b) any terms of the contract which are incompatible with those fundamental or supplementary provisions cease to have effect, and

(5) Whether or not the landlord and contract holder agree the terms of the periodic standard contract, it is a term of the contract that—

(a) any arrears of rent payable at the end of the secure contract become payable under the periodic standard contract, and

(b) any rent paid in advance or overpaid at the end of the secure contract is credited to the contract-holder's liability to pay rent under the periodic standard contract.

(6) The requirement in section 39(1) (landlord must give contract-holder a contact address at start of contract) does not apply.

(7) Section 151(3) (requirement to inform contract-holder of right to apply for landlord's review under section 202) provides that that section is a fundamental provision which is incorporated as a term of all prohibited conduct standard contracts.

(8) Prohibited conduct standard contracts are within Schedule 9; accordingly section 175 (restriction on giving landlord's notice until after the first six months of occupation) is not incorporated as a term of a prohibited conduct standard contract.

Probation period

3

(1) The probation period, in relation to an occupation contract which is a periodic standard contract because of an order under section 116, is—

(a) the period of 12 months starting with the occupation date of the contract (see section 116(2)(b)), or

(b) if there is an extension under paragraph 4, the period of 18 months starting with the occupation date of the contract.

(2) If the landlord gives the contract-holder notice that the probation period will end before the time at which it would end under sub-paragraph (1), the period ends on the date specified in the notice.

(3) If under paragraph 7 the court orders that the probation period will end before the time at which it would end under sub-paragraph (1), the period ends on the date specified in the order.

(4) If sub-paragraphs (2) and (3) both apply, the period ends on the earlier of the date specified in the notice and the date specified in the order.

(5) Sub-paragraph (6) applies instead of sub-paragraphs (1) to (4) if, at what would be the end of probation period under those sub-paragraphs—

(a) a possession claim made by the landlord in respect of the dwelling has not been concluded, or

(b) the landlord has given the contract-holder a possession notice or a notice under section 173 (landlord's notice to end contract), and the period before the end of which the landlord may make a possession claim has not ended.

(6) Where this sub-paragraph applies, the probation period is the period starting with the occupation date of the contract and ending—

(a) when a relevant event occurs, or

(b) if no relevant event occurs, immediately after the contract ends.

(7) In a case within sub-paragraph (5)(a) the relevant event is the conclusion of the possession claim in favour of the contract-holder.

(8) In a case within sub-paragraph (5)(b) each of the following is a relevant event—

(a) withdrawal of the notice;

(b) the period ending without a possession claim having been made;

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Renting Homes (Wales) Act 2016

PART 11 — FINAL PROVISIONS

Interpretation of Act

Local authority and other authorities

243

Landlord, lodger and permitted occupier

244

Occupation date of an occupation contract

245

Dwelling

246

Meaning of “variation” of occupation contract

247

The court

248

Lease, tenancy and related expressions

249

Members of a family

250

Family property order

251

Minor definitions

252

Index of terms

253

Crown application

Crown application

254

Consequential and transitional provision etc.

Power to make consequential and transitional provision etc.

255

Regulations

Regulations

256

Coming into force and short title

Coming into force

257

Short title

258

SCHEDULE 1

PART 1 — SECURE CONTRACTS

PART 2 — PERIODIC STANDARD CONTRACTS

PART 3 — FIXED TERM STANDARD CONTRACTS

SCHEDULE 2

PART 1 — TENANCIES AND LICENCES NOT WITHIN SECTION 7 THAT ARE OCCUPATION CONTRACTS IF NOTICE IS GIVEN

The rule

1

Contracts for another’s benefit: further provision

2

PART 2 — TENANCIES AND LICENCES WITHIN SECTION 7 THAT ARE NOT OCCUPATION CONTRACTS UNLESS NOTICE IS GIVEN

The rule

3

Meaning of “care institution”

4

Meaning of “temporary expedient”

5

Meaning of “shared accommodation”

6

PART 3 — TENANCIES AND LICENCES THAT ARE NEVER OCCUPATION CONTRACTS

The rule

7

Meaning of “long tenancy”

8

Meaning of “armed forces accommodation”

9

Meaning of “direct access accommodation”

10

PART 4 — TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: HOMELESSNESS

11

12

PART 5 — TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION

13

Meaning of relevant period where there are previous contracts

14

Extending the relevant period

15

County court review of decision to extend

16

PART 6 — POWER TO AMEND SCHEDULE

17