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

(9) If a private landlord other than a registered charity becomes the landlord under the contract before the time at which the probation period would end apart from this sub-paragraph, the probation period ends.

Extending probation period

4

(1) The landlord may extend the probation period to the period of 18 months starting with the occupation 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 date on which the probation period would end under paragraph 3(1)(a).

(3) The notice of extension must state that the landlord has decided to extend the probation period, and set out the reasons for the landlord's 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 5 of the landlord's decision to extend the probation period, and of the time by which the request must be made.

(5) In making the decision to extend the probation 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 into account a person's conduct 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 probation period

5

(1) If a landlord gives a notice of extension under paragraph 4, 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 probation period would end under paragraph 3(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 6, 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 probation period

6

(1) This paragraph applies if a landlord, following a request for a review made in accordance with paragraph 5(2)—

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

(b) fails to give a notice in accordance with paragraph 5(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 5(5), or

(b) if no notice has been given in accordance with paragraph 5(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 4 before the end of the post-review period—

(a) the notice has effect as if given in accordance with paragraph 4(2) (other than for the purposes of paragraph 5(2)), and

(b) paragraph 5(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.

Application to court to end probation period

7

(1) The contract-holder under an occupation contract which is a periodic standard contract because of an order under section 116 may apply to the court for an order ending the probation period before the time at which it would end under paragraph 3(1).

(2) The application may be made at any time after the end of the period of six months starting with the occupation date of the contract (see section 116(2)(b)).

(3) The court may end the probation period only if it is satisfied that—

(a) it is no longer necessary for the contract-holder to occupy under a periodic standard contract, or

(b) the landlord has not made an appropriate programme of social support available to the contract-holder and it is unlikely that such support will be made available.

Terms of secure contract that was a prohibited conduct standard contract

8

(1) This paragraph applies where a prohibited conduct standard contract ends and is replaced with a secure contract because the probation period has ended.

(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

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

SCHEDULE 8

PART 1 — THE GROUNDS

REDEVELOPMENT GROUNDS

Ground A (building works)

1

The landlord intends, within a reasonable time of obtaining possession of the dwelling—

(a) to demolish or reconstruct the building or part of the building comprising the dwelling, or

(b) to carry out work on that building or on land treated as part of the dwelling,

and cannot reasonably do so without obtaining possession of the dwelling.

Ground B (redevelopment schemes)

2

(1) This ground arises if the dwelling satisfies the first condition or the second condition.

(2) The first condition is that the dwelling is in an area which is the subject of a redevelopment scheme approved in accordance with Part 2 of this Schedule, and the landlord intends within a reasonable time of obtaining possession to dispose of the dwelling in accordance with the scheme.

(3) The second condition is that part of the dwelling is in such an area and the landlord intends within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme, and for that purpose reasonably requires possession of the dwelling.

SPECIAL ACCOMMODATION GROUNDS

Ground C (charities)

3

(1) The landlord is a charity and the contract-holder's continued occupation of the dwelling would conflict with the objects of the charity.

(2) But this ground is not available to the landlord (“L”) unless, at the time the contract was made and at all times after that, the person in the position of landlord (whether L or another person) has been a charity.

(3) In this paragraph “charity” has the same meaning as in the Charities Act 2011 (c. 25) (see section 1 of that Act).

Ground D (dwelling suitable for disabled people)

4

The dwelling has features which are substantially different from those of ordinary dwellings and which are designed to make it suitable for occupation by a physically disabled person who requires accommodation of a kind provided by the dwelling and—

(a) there is no longer such a person living in the dwelling, and

(b) the landlord requires the dwelling for occupation by such a person (whether alone or with members of that person's family).

Ground E (housing associations and housing trusts: people difficult to house)

5

(1) The landlord is a housing association or housing trust which makes dwellings available only for occupation (whether alone or with others) by people who are difficult to house, and—

(a) either there is no longer such a person living in the dwelling or a local housing authority has offered the contract-holder a right to occupy another dwelling under a secure contract, and

(b) the landlord requires the dwelling for occupation by such a person (whether alone or with members of that person's family).

(2) A person is difficult to house if that person's circumstances (other than financial circumstances) make it especially difficult for him or her to satisfy his or her need for housing.

Ground F (groups of dwellings for people with special needs)

6

The dwelling constitutes part of a group of dwellings which it is the practice of the landlord to make available for occupation by persons with special needs and—

(a) a social service or special facility is provided in close proximity to the group of dwellings in order to assist persons with those special needs,

(b) there is no longer a person with those special needs living in the dwelling, and

(c) the landlord requires the dwelling for occupation by a person who has those special needs (whether alone or with members of his or her family).

UNDER-OCCUPATION GROUNDS

Ground G (reserve successors)

7

The contract-holder succeeded to the occupation contract under section 73 as a reserve successor (see sections 76 and 77), and the accommodation comprised in the dwelling is more extensive than is reasonably required by the contract-holder.

Ground H (joint contract-holders)

8

(1) This ground arises if the first condition and the second condition are met.

(2) The first condition is that a joint contract-holder's rights and obligations under the contract have been ended in accordance with—

(a) section 111, 130 or 138 (withdrawal), or

(b) section 225, 227 or 230 (exclusion).

(3) The second condition is that—

(a) the accommodation comprised in the dwelling is more extensive than is reasonably required by the remaining contract-holder (or contract-holders), or

(b) where the landlord is a community landlord, the remaining contract-holder does not (or the remaining contract-holders do not) meet the landlord's criteria for the allocation of housing accommodation.

OTHER ESTATE MANAGEMENT REASONS

Ground I (other estate management reasons)

9

(1) This ground arises where it is desirable for some other substantial estate management reason that the landlord should obtain possession of the dwelling.

(2) An estate management reason may, in particular, relate to—

(a) all or part of the dwelling, or

(b) any other premises of the landlord to which the dwelling is connected, whether by reason of proximity or the purposes for which they are used, or in any other manner.

FUNDAMENTAL PROVISION

Fundamental provision applicable to all occupation contracts

10

This Part of this Schedule is a fundamental provision which is incorporated as a term of all occupation contracts.

PART 2 — APPROVAL OF REDEVELOPMENT SCHEMES FOR PURPOSES OF GROUND B

Approval of scheme and of variation of scheme

11

(1) The Welsh Ministers may, on the application of a landlord, approve for the purposes of estate management Ground B a scheme for the disposal and redevelopment of an area of land consisting of or including the whole or part of a dwelling subject to an occupation contract.

(2) For the purposes of this paragraph—

(a) “disposal” means a disposal of any interest in the land (including the grant of an option), and

(b) “redevelopment” means the demolition or reconstruction of buildings or the carrying out of other works to buildings or land,

and it is immaterial whether the disposal is to precede or follow the redevelopment.

(3) The Welsh Ministers may on the application of the landlord approve a variation of a scheme previously approved by them and may, amongst other things, approve a variation adding land to the area subject to the scheme.

Notice to contract-holders affected

12

(1) If a landlord proposes to apply to the Welsh Ministers for the approval of a scheme or variation of an approved scheme, the landlord must give a notice to the contract-holder under any affected occupation contract.

(2) An occupation contract is affected if the dwelling subject to it is affected by the proposal.

(3) The notice must state—

(a) the main features of the proposed scheme, or of the proposed variations of the approved scheme,

(b) that the landlord proposes to apply to the Welsh Ministers for approval of the scheme or variation, and

(c) that, because of section 160 and estate management Ground B, the effect of such approval will be to enable the landlord to make a possession claim in respect of the dwelling.

(4) The notice must also inform the contract-holder that—

(a) he or she may make representations to the landlord about the proposal, and

(b) the representations must be made before the end of the period of 28 days starting with the day on which the notice is given to him or her (or such longer period as the landlord may specify in the notice).

(5) The landlord may not apply to the Welsh Ministers until the landlord has considered any representations made before the end of that period.

(6) Sub-paragraph (7) applies in the case of a landlord under an occupation contract which would (but for this paragraph) be required under section 234 to consult the contract-holder as regards a redevelopment scheme (or a variation of a redevelopment scheme).

(7) Where this sub-paragraph applies, this paragraph is to apply in relation to the landlord's consultation with the contract-holder instead of section 234.

Decision on approval or variation

13

(1) In considering whether to give its approval to a scheme or variation the Welsh Ministers must, among other things, take into account—

(a) the effect of the scheme on the extent and character of housing accommodation in the neighbourhood,

(b) the period of time proposed in the scheme as the period within which the proposed disposal and redevelopment will take place, and

(c) the extent to which the scheme includes provision for housing provided under the scheme to be sold to, or occupied under occupation contracts by, relevant persons.

(2) “Relevant persons” means existing contract-holders under an occupation contract with the landlord and, if the landlord is a community landlord, persons nominated by the landlord.

(3) The Welsh Ministers must also take into account—

(a) any representations made to them, and

(b) so far as they are brought to the Welsh Ministers' attention, any representations made to the landlord.

(4) The landlord must give to the Welsh Ministers such information as to the representations made to the landlord, and other relevant matters, as the Welsh Ministers may request.

Scheme affecting part of dwelling etc.

14

The Welsh Ministers may not approve a scheme or variation so as to include in the area subject to the scheme—

(a) part only of any dwelling subject to an occupation contract, or

(b) any dwelling subject to an occupation contract that is not affected by the works involved in the redevelopment but is proposed to be disposed of along with other land which is so affected,

unless they are satisfied that the inclusion is justified in the circumstances.

Conditions in relation to approval

15

(1) The approval may be given subject to conditions and may be expressed to end after a specified period.

(2) The Welsh Ministers, on the application of the landlord or otherwise, may vary an approval so as to—

(a) add, remove or vary conditions to which the approval is subject, or

(b) extend or restrict the period after which the approval is to end.

Special provision for community landlords

16

For the purposes of this Part of this Schedule a community landlord is to be treated as being a landlord in relation to a dwelling if it has an interest of any description in that dwelling.

SCHEDULE 9

Prohibited conduct standard contracts

1

A prohibited conduct standard contract.

Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2

2

A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation).

Supported accommodation

3

A supported standard contract.

Accommodation for asylum seekers

4

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

Accommodation for displaced persons

5

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

Accommodation for homeless persons

6

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

Service occupancy

7

A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.

Service occupancy: police

8

A standard 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

A standard 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

Temporary accommodation: land acquired for development

10

(1) A standard 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: short-term arrangements

11

A standard 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

12

(1) A standard 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 a standard contract if that person was an earlier contract-holder under the same contract.

Power to amend Schedule

13

The Welsh Ministers may by regulations amend this Schedule.

SCHEDULE 10

Introductory

1

This Schedule applies for the purpose of determining whether it is reasonable—

(a) to make an order for possession under section 209 (breach of contract) or 210 (estate management grounds), or

(b) to make a decision under section 211 to adjourn proceedings on a possession claim or postpone the giving up of possession.

2

The court, in determining whether it is reasonable to make such an order or decision, or to make any other decision available to it, must (amongst other things) have regard to the circumstances set out in paragraphs 4 to 13 to the extent that the court considers them relevant (and to the extent that it is not otherwise required to have regard to those matters; for example, under the Human Rights Act 1998 (c. 42)).

3

Paragraph 14 sets out a circumstance, concerning local authority assistance with homelessness, which the court should not have regard to (subject to any duty to have regard to that circumstance to which the court is subject).

Circumstances as regards the contract-holder

4

The probable effect of the order or decision on the contract-holder (and on any permitted occupiers of the dwelling).

5

If the case is one in which the court may decide to postpone the giving up of possession, the likelihood that the contract-holder will comply with any terms that may be imposed.

Circumstances as regards the landlord

6

The probable effect of not making the order, or of the decision, on the landlord's interests, including the landlord's financial interests.

7

If the landlord is a community landlord, the probable effect of not making the order, or of the decision, on the landlord's ability to fulfil its housing functions, including assisting other persons in need of accommodation.

Circumstances as regards other persons

8

(1) The probable effect of the order or decision on—

(a) contract-holders and permitted occupiers of other dwellings of the landlord,

(b) persons who have asked the landlord to provide them with housing accommodation, and

(c) persons living, visiting or otherwise engaging in a lawful activity in the locality (and persons who wish to live, visit or engage in lawful activities in the locality).

(2) If a possession claim is made on the ground in section 157 (breach of contract), the probable effect of the circumstances set out in paragraph 10 on the persons mentioned in sub-paragraph (1).

New occupation contract offered

9

Whether the landlord has offered or undertakes to offer a new occupation contract (whether for the same dwelling or other dwellings) to one or more of the persons occupying or living in the dwelling.

Circumstances in relation to a possession claim on ground of breach of contract

10

If a possession claim is made on the ground in section 157 (breach of contract)—

(a) the nature, frequency or duration of the breach or breaches,

(b) the degree to which the contract-holder (or a permitted occupier of the dwelling) is responsible for the breach,

(d) any action to end, or prevent a recurrence of, the breach that was taken by the landlord before making a possession claim.

Circumstances in relation to a possession claim concerning section 55

11

If the landlord makes a possession claim relying on a breach of section 55 (anti-social behaviour and other prohibited conduct), the general public interest in restraining the conduct prohibited by that section.

Circumstances relating to estate management Ground G

12

If the landlord makes a possession claim relying wholly or partly on estate management Ground G (accommodation not required by reserve successor)—

(a) the age of the contract-holder who succeeded to the contract under section 73,

(b) the period during which the contract-holder has occupied the dwelling as his or her only or principal home, and

(c) any financial or other support given by the contract-holder to the contract-holder who died (or, if the contract-holder who died was the successor of an earlier contract-holder, to that earlier contract-holder).

Circumstances relating to estate management Ground H

13

If the landlord makes a possession claim relying wholly or partly on estate management Ground H (departing joint contract-holder)—

(a) the age of the remaining contract-holder (or each of the remaining contract-holders), and

(b) the period during which the remaining contract-holder (or each of the remaining contract-holders) has occupied the dwellings as his or her only or principal home.

Assistance in relation to homelessness not relevant

14

The likelihood that a person will be assisted under Part 2 of the Housing (Wales) Act 2014 (anaw 7) or Part 7 of the Housing Act 1996 (c. 52) (homelessness) is not a relevant circumstance (subject to any requirement to have regard to that circumstance to which the court is subject).

SCHEDULE 11

Introductory

1

(1) This Schedule applies for the purposes of—

(a) an order for possession under section 210 (estate management grounds), or

(b) an order under section 222(3)(b) (appeal following possession for abandonment).

(2) In this Schedule the dwelling previously occupied by the contract-holder or of which possession is sought is referred to as “the existing dwelling”, and the occupation contract to which that dwelling is or was subject is referred to as “the existing contract”.

Estate management grounds: certificate of local housing authority

2

(1) This paragraph applies if—

(a) this Schedule applies because of section 210, and

(b) the landlord under the existing contract is not a local housing authority.

(2) A certificate of the local housing authority for the area in which the existing dwelling is situated, certifying that the authority will provide suitable alternative accommodation for the contract-holder by a date specified in the certificate, is conclusive evidence that suitable alternative accommodation will be available for him or her by that date.

Suitable accommodation

3

(1) This paragraph applies if—

(a) this Schedule applies because of section 210 and either—

(i) no certificate of the kind mentioned in paragraph 2(2) is produced to the court, or

(ii) the landlord in relation to the existing dwelling is a local housing authority, or

(b) this Schedule applies because of section 222.

(2) Accommodation is suitable if—

(a) it is to be occupied by the contract-holder under an occupation contract that gives him or her security of occupation reasonably equivalent to that given by the existing contract, and

(b) in the opinion of the court it is reasonably suitable to the needs of the contract-holder and his or her family (which must be determined in accordance with paragraph 4).

(3) If the existing contract relates to a separate dwelling, accommodation is not suitable unless it is a separate dwelling.

Needs of contract-holder and his or her family

4

(1) The court must determine whether accommodation is reasonably suitable in relation to the needs of the contract-holder and his or her family in accordance with this paragraph.

(2) The court must consider (among other things)—

(a) the needs of the contract-holder and his or her family as regards extent of accommodation,

(b) if the landlord is a private landlord, the needs of the contract-holder and his or her family as regards character of accommodation,

(d) if the contract-holder or a member of his or her family works or is being educated, the distance of the accommodation from the place (or places) of work or education,

(e) if proximity to the home of any member of the contract-holder's family is essential to the well-being of the contract-holder or that member of his or her family, the proximity of the accommodation to that home,

(f) the terms of the existing contract and the terms of the occupation contract under which the accommodation is to be occupied, and

(g) if furniture was provided by the landlord under the existing contract, whether furniture is to be provided for use by the contract-holder and his or her family and, if so, the nature of that furniture.

(3) If the landlord is a community landlord, the court must also consider the nature of the accommodation which it is the practice of the landlord to allocate to persons with similar needs.

(4) If the landlord is a private landlord the court may consider, as an alternative to the matters in sub-paragraph (2)(a) to (c), whether the accommodation is similar as regards rent and extent to the accommodation provided in the neighbourhood by community landlords for comparable persons.

(5) “Comparable persons” are those whose needs, as regards extent, are in the opinion of the court similar to those of the contract-holder and the contract-holder's family.

(6) For the purposes of sub-paragraph (4) a certificate of a local housing authority stating—

(a) the extent of the accommodation provided by the authority to meet the needs of persons with families of such number as may be specified in the certificate, and

(b) the amount of rent charged by the authority for accommodation of that extent,

is to be conclusive evidence of the facts so stated.

(7) In considering the matters in sub-paragraph (2)(f) the court may not take into account any terms of the occupation contract that relate to lodgers and sub-holders.

Overcrowding

5

Accommodation is not suitable to the needs of the contract-holder and his or her family if, as a result of their occupation of the accommodation, the accommodation would constitute an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985 (c. 68) (see section 324 of that Act).

Evidence of certificate of local housing authority

6

A document that purports to be a certificate of the local housing authority named in the certificate, issued for the purposes of this Schedule, and signed by the proper person on behalf of the authority—

(a) is to be received in evidence, and

(b) unless the contrary is shown, is to be treated as such a certificate without further proof.

SCHEDULE 12

Definitions

1

(1) In this Schedule—

“assured agricultural occupancy” (“meddiannaeth amaethyddol sicr”) has the same meaning as in Part 1 of the Housing Act 1988 (c. 50) (see section 24(1) of that Act);

“assured tenancy” (“tenantiaeth sicr”) includes a reference to an assured agricultural occupancy which is treated as an assured tenancy under section 24(3) of the Housing Act 1988 (as well as an assured agricultural occupancy which is an assured tenancy)

“converted AAO” (“MAS wedi ei throsi”) means a converted contract which immediately before the appointed day was an assured agricultural occupancy;

“converted contract” (“contract wedi ei drosi”) means a tenancy or licence which existed immediately before the appointed day and became an occupation contract on that day;

“converted secure contract” (“contract diogel wedi ei drosi”) means a converted contract which became a secure contract on the appointed day;

“converted standard contract” (“contract safonol wedi ei drosi”) means a converted contract which became a standard contract on the appointed day;

“information provision period” (“cyfnod darparu gwybodaeth”) has the meaning given in paragraph 11(1);

“the initial notice period” (“cyfnod hysbysu cychwynnol”) is the period of two months starting with the appointed day.

“substitute contract” (“contract sy’n cymryd lle contract arall”) has the meaning given in paragraph 32.

(2) See section 242 for definitions of other terms used in this Schedule.

Determination of whether existing tenancy or licence is occupation contract

2

(1) Schedule 2 applies to—

(a) a tenancy or licence which immediately before the appointed day was a secure tenancy, an assured tenancy, an introductory tenancy or a demoted tenancy, and

(b) a tenancy which existed immediately before the appointed day but is not within paragraph (a),

as if paragraphs 3(2)(b) and 4 (care institutions) were omitted.

(2) Schedule 2 applies to a tenancy which immediately before the appointed day was a secure tenancy, an assured tenancy, an introductory tenancy or a demoted tenancy as if paragraphs 3(2)(c) and 5 (temporary expedients) were omitted.

(2A) Schedule 2 applies to a tenancy or licence which immediately before the appointed day was a secure tenancy or an assured tenancy as if paragraph 7(3)(k)(i) of that Schedule were omitted.

(3) The landlord may, in relation to a tenancy or licence which existed immediately before the appointed day, give notice under paragraph 1 or 3 of Schedule 2 at any time before the end of the initial notice period.

(4) If the landlord does so, the tenancy or licence is to be treated as having become an occupation contract on the appointed day.

(5) Part 5 of Schedule 2 (special rules applying to supported accommodation) does not apply to—

(a) a tenancy which existed immediately before the appointed day;

(b) a licence which—

(i) immediately before the appointed day was a secure tenancy;

(ii) has a start date (within the meaning given in paragraph 13(5) of Schedule 2) falling more than 6 months before the appointed day.

(6) In their application to a tenancy or licence which immediately before the appointed day was an assured agricultural occupancy—

(a) section 7 (tenancies and licences that are occupation contracts) applies as if subsection (1)(b) (rent or other consideration must be payable) were omitted, and

(b) Schedule 2 applies as if paragraph 1(2) were omitted.

Determination of whether converted contract is secure contract or standard contract

3

(1) Sections 11 to 17 (community landlords and private landlords) apply to a converted contract—

(a) under which the landlord is a private landlord, and

(b) which immediately before the appointed day was a secure tenancy under which the landlord was a private landlord,

as if the landlord were a community landlord.

(2) But in section 14 (review of notice of standard contract) subsection (1) applies as if after “section 13” there were inserted “ and the landlord's decision to give the notice is subject to judicial review ”.

4

(1) The landlord under a converted contract to which section 11 applies (whether or not under paragraph 3) may give notice as described in section 11(2)(b) (notice of standard contract) at any time before the end of the initial notice period.

(2) If the landlord gives notice under section 13, the contract is to be treated as having become a standard contract on the appointed day.

(3) The landlord under a converted contract may give notice under section 17(1) (notice of secure contract) at any time before the end of the initial notice period.

(4) If the landlord does so, the contract is to be treated as having become a secure contract on the appointed day.

5

A converted contract which immediately before the appointed day was—

(a) an introductory tenancy, or

(b) an assured shorthold tenancy—

(i) under which the landlord was a registered social landlord or a private registered provider of social housing, but not a fully mutual housing association or a co-operative housing association, and

(ii) which was expressed as being, or otherwise amounted to, a starter tenancy,

has effect as an introductory standard contract (see paragraph 23).

6

A converted contract has effect as a prohibited conduct standard contract (see paragraph 24) if immediately before the appointed day—

(a) section 20B of the Housing Act 1988 (c. 50) (demoted assured shorthold tenancies) applied to it, or

(b) section 143A of the Housing Act 1996 (c. 52) (demoted tenancies) applied to it.

7

(1) A converted contract to which sub-paragraph (2) applies is an additional exception to section 11(1) (contracts made with community landlord are secure contracts).

(2) This sub-paragraph applies to a converted contract which immediately before the appointed day was a tenancy or licence for a fixed term, provided that—

(a) a premium was paid for the contract, and

(b) before the end of the period of one month starting with the appointed day, the contract-holder decides that the contract should become a fixed term standard contract.

(3) Before the appointed day, a community landlord which is the landlord under a tenancy or licence for a fixed term, and for which a premium was paid, must—

(a) inform the contract-holder of his or her right under sub-paragraph (2)(b) to decide that the contract should become a fixed term standard contract, and of the time by which that decision must be made, and

(b) explain how section 11 will apply to the contract if the contract-holder does not make such a decision.

8

(1) This paragraph applies where a community landlord becomes the landlord under a fixed term standard contract before the end of the period of one month starting with the appointed day.

(2) Section 12 (contracts adopted by community landlord) applies as if in subsection (8)(b), for “before the community landlord becomes the landlord” there were substituted “ before the end of the period of one month starting with the appointed day (within the meaning of section 242) ”.

(3) The landlord must give the contract-holder the notice required by section 15(1) on or before the appointed day.

9

(1) The following are additional exceptions to sections 11(1) and 12(3) (contracts made or adopted by community landlord are secure contracts).

(2) A converted contract which before the appointed day—

(a) had been a secure tenancy, but

(b) had ceased to be such a tenancy because of section 89, 91 or 93 of the Housing Act 1985 (c. 68) (succession, assignment and sub-letting).

(3) A converted contract which before the appointed day—

(a) had been an introductory tenancy, but

(b) had ceased to be such a tenancy because of section 133 of the Housing Act 1996 (c. 52) (succession).

(4) A converted contract which before the appointed day—

(a) had been a demoted tenancy, but

(b) had ceased to be such a tenancy because of section 143I of the Housing Act 1996 (succession).

10

A converted secure contract which immediately before the appointed day was a secure tenancy becomes a standard contract if—

(a) the tenant died before the appointed day, and

(b) after that day an event occurs which, but for this Act, would under section 89 of the Housing Act 1985 (c. 68) (succession) have caused the contract to cease to be a secure tenancy.

Written statement of converted contract and provision of information

11

(1) The landlord must give the contract-holder under a converted contract a written statement of the contract before the end of the period of six months starting with the appointed day (“the information provision period”).

(1A) Where there has been a change in the identity of the contract-holder before 1 June 2023 (which is the first day after the end of the information provision period), section 31(2) (provision of written statement to new contract-holder) applies in relation to a converted contract as if for “the day on which the identity of the contract-holder changes” there were substituted “1 June 2023”.

(2) Any references in this Act to the landlord's obligation under section 31(1) are to be read, in relation to converted contracts, as references to the landlord's obligation under sub-paragraph (1).

(3) This paragraph does not apply in relation to a substitute contract (and accordingly section 31 applies, as modified by paragraph 11A, in relation to such contracts).

12

Sections 36 and 37 (applications to court) apply in relation to a written statement provided because of paragraph 11(1) as if for the words in section 36(3) and 37(3) there were substituted

If the landlord was required to provide the written statement under paragraph 11(1) of Schedule 12, the contract-holder may not apply to the court under subsection (1) before— (a) the end of the information provision period (within the meaning of Schedule 12), or (b) if earlier, the period of 14 days starting with the day on which the landlord gave the contract-holder the written statement.

13

(1) Section 39(1) (information about landlord's address) applies in relation to a converted contract , other than a substitute contract, as if for “the period of 14 days starting with the occupation date of the contract” there were substituted “the information provision period (within the meaning of Schedule 12)”.

(2) Section 40(2) (compensation) applies in relation to section 39(1), as modified by sub-paragraph (1), as if the relevant date were the first day of the period of 14 days ending with the last day of the information provision period (and accordingly section 40 is to be read as if subsection (5) were omitted).

Variation

14

(1) A converted contract may not be varied before the landlord has given the contract-holder a written statement of the contract.

(2) Sub-paragraph (1) does not apply to —

(a) a variation under section 104 or 123 (variation of rent), or

(b) an increase in rent under section 93 of the Rent Act 1977 (c. 42).

15

(1) Sections 104 and 123 (variation of rent) apply to a converted contract (other than a contract mentioned in paragraph 13B) as if any variations in the rent payable under the contract before the appointed day were variations under whichever of those sections applies.

(1A) Sections 104 and 123 (variation of rent) apply to a converted contract under which the landlord is a community landlord as if, for subsection (3)(a) in each of these sections, there were substituted—

(a) the first notice given after the appointed day must specify a date which is not less than 51 weeks after the last date on which a new rent took effect, and

(2) The Welsh Ministers must by regulations make provision—

(a) enabling the contract-holder under a relevant converted contract, following receipt of a notice under section 104 or 123, to apply to a prescribed person or persons for a determination of the rent for the dwelling, and

(b) for the rent determined by the prescribed person or persons, in accordance with such assumptions as may be prescribed, to be the rent for the dwelling under the contract (unless the landlord and contract-holder otherwise agree).

(3) A converted contract is a relevant converted contract if—

(a) immediately before the appointed day it was a tenancy or licence to which section 13 of the Housing Act 1988 (c. 50) (increases of rent under assured periodic tenancies) applied,

(b) it is a periodic standard contract which is a substitute contract ...—

(i) arising under section 184(2), or

(ii) within section 184(6),

and which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term, or

(c) it is a secure contract which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term.

Waste and tenant-like user

16

Section 101 does not apply to a converted contract; accordingly—

(a) a contract-holder under a converted contract is subject to the same liability for waste in respect of the dwelling as he or she was subject to immediately before the appointed day, and

(b) the rule of law under which a tenant has an implied duty to use demised premises in a tenant-like manner applies to a contract-holder under a converted contract as it applied to him or her immediately before the appointed day.

Dealing

17

(1) This paragraph is a fundamental provision which is incorporated as a term of all converted standard contracts which immediately before the appointed day were secure tenancies.

(2) The contract-holder may allow persons to live in the dwelling as lodgers.

18

(1) This paragraph applies in relation to a converted contract—

(a) which is a secure contract or periodic standard contract, and

(b) under which there are joint contract-holders who were tenants in common in equity immediately before the appointed day.

(2) The provisions of fixed term standard contracts mentioned in subsection (1) of each of sections 140, 141 and 142 (transfers) are terms of the contract, and subsections (2) and (3) of each of those sections apply accordingly.

19

(1) This paragraph applies in relation to a converted contract which is a fixed term standard contract.

(2) The provisions of fixed term standard contracts mentioned in subsection (1) of each of sections 139, 140, 141 and 142 (transfers) are terms of the contract, and subsections (2) and (3) of each of those sections apply accordingly.

(3) Sub-paragraph (2) does not apply to the extent that any of those provisions is incompatible with an existing term of the contract.

Succession

20

(1) The contract-holder under a converted contract is to be treated as a priority successor in relation to the contract if—

(a) immediately before the appointed day the converted contract was of a description in column 1 of Table 6,

(b) before the appointed day it had vested in the contract-holder under the provision in column 2 of that Table, and

TYPE OF TENANCY	VESTING PROVISION	QUALIFYING PROVISIONS
Secure tenancy	Section 89 of the Housing Act 1985 (c. 68)	Sections 87 and 113(1)(a) of that Act
Introductory tenancy	Section 133 of the Housing Act 1996 (c. 52)	Sections 131 and 140(1)(a) of that Act
Demoted tenancy	Section 143H of the Housing Act 1996	Section 143P(1)(a) or (b) of that Act

(2) The contract-holder under a converted contract is also to be treated as a priority successor in relation to the contract if—

(a) immediately before the appointed day the contract was an assured tenancy,

(b) before the appointed day it had vested in the contract-holder under section 17 of the Housing Act 1988 (c. 50) (succession to assured tenancy), and

21

(1) The contract-holder under a converted contract is to be treated as a reserve successor in relation to the contract if—

(a) immediately before the appointed day the converted contract was of a description in column 1 of Table 7,

(b) before the appointed day it had vested in the contract-holder under the provision in column 2 of that Table, and

TYPE OF TENANCY	VESTING PROVISION	QUALIFYING PROVISIONS
Secure tenancy	Section 89 of the Housing Act 1985 (c. 68)	Sections 87(b) and 113(1)(b) of that Act
Introductory tenancy	Section 133 of the Housing Act 1996 (c. 52)	Sections 131(b) and 140(1)(b) of that Act
Demoted tenancy	Section 143H of the Housing Act 1996	Section 143P(1)(c) of that Act

(2) The contract-holder under a converted contract is to be treated as a reserve successor in relation to the contract if—

(a) immediately before the appointed day the contract was an assured tenancy, and

(b) before the appointed day the contract-holder had become entitled to the assured tenancy under paragraph 3 of Schedule 1 to the Rent Act 1977 (c. 42) (succession).

(3) The contract-holder under a converted contract is to be treated as a reserve successor in relation to the contract if—

(a) immediately before the appointed day the contract was an assured tenancy,

(b) before the appointed day it had vested in the contract-holder under section 17 of the Housing Act 1988 (c. 50) (succession to assured tenancy), and

Requirement to occupy dwelling as main home under certain converted contracts

22

(1) Sub-paragraph (2) has effect in relation to a converted contract to which this paragraph applies as if it were a supplementary provision prescribed by the Welsh Ministers under section 23.

(2) The contract-holder (or if more than one, at least one of them) must occupy the dwelling subject to the contract as his or her only or principal home.

(3) This paragraph applies to a converted contract which immediately before the appointed day was—

(a) a protected or statutory tenancy,

(b) a secure tenancy,

(d) an introductory tenancy, or

(e) a demoted tenancy.

Introductory standard contracts

23

(1) This paragraph applies to a converted contract which has effect as an introductory standard contract because of paragraph 5.

(2) The introductory period of the contract ends if—

(a) the tenant died before the appointed day, and

(b) after that day an event occurs which, but for this Act, would under section 133 of the Housing Act 1996 (c. 52) (succession) have caused the contract to cease to be an introductory tenancy,

and section 16(1)(b) of this Act (conversion to secure contract) does not apply where the introductory period ends because of this sub-paragraph.

(3) This Act applies as if —

(a) in section 174 (landlord's notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,

(b) in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the references in subsections (1) and (2) (and the heading) to “six months” were references to “four months”, and

(i) in relation to a converted contract which, immediately before the appointed day, was an introductory tenancy, to the day which was the beginning of the trial period under section 125(2)(a) or (b) of the Housing Act 1996 (c. 52);

(ii) in relation to a converted contract which, immediately before the appointed day, was a starter tenancy, to the introduction date of the tenancy as determined in accordance with sub-paragraph (5).

(4) Paragraph 2 of Schedule 4 (introductory period where there are previous contracts) applies as if references to introductory standard contracts were to—

(a) assured shorthold tenancies under which the landlord was a registered social landlord or a private registered provider of social housing, or

(b) introductory tenancies.

(5) For the purposes of paragraph 2 of Schedule 4 the introduction date of an assured shorthold tenancy under which the landlord was a registered social landlord or a private registered provider of social housing is—

(a) the day on which the tenant was entitled to begin occupying the dwelling, or

(b) if the tenancy was not made with a registered social landlord or a private registered provider of social housing, the day a registered social landlord or a private registered provider of social housing became the landlord.

(6) For the purposes of paragraph 2 of Schedule 4 the introduction date—

(a) in relation to a converted contract which, immediately before the appointed day, was an introductory tenancy, is the day which was the beginning of the trial period under section 125(2)(a) or (b) of the Housing Act 1996;

(b) in relation to a converted contract which, immediately before the appointed day, was a starter tenancy, is the introduction date of the tenancy as determined in accordance with sub-paragraph (5).

(7) Paragraph 2(5) and (6) of Schedule 4 does not apply, but—

(a) a notice of extension given, in relation to a converted contract which was an introductory tenancy, under section 125A of the Housing Act 1996, and

(b) a notice, given in relation to a converted contract which was a starter tenancy, extending the period at the end of which the landlord and the tenant would enter into an assured tenancy (that is not an assured shorthold tenancy),

has effect as if given under paragraph 3 of Schedule 4 (and, regardless of the length of extension under a notice as described in paragraph (b), the introductory period ends 18 months after the introduction date of the starter tenancy (as determined in accordance with sub-paragraph 5)).

Prohibited conduct standard contract

24

(1) This Act applies to a converted contract which has effect as a prohibited conduct standard contract because of paragraph 6 as if—

(a) the demotion order were an order under section 116 (order imposing periodic standard contract),

(b) references to the occupation date of the contract were to the day on which the demotion order took effect, and

(2) The “demotion order” is—

(a) the order under section 82A of the Housing Act 1985 (c. 68) or section 6A of the Housing Act 1988 (c. 50) because of which section 20B of the Housing Act 1988 applied, or

(b) the order under section 82A of the Housing Act 1985 because of which section 143A of the Housing Act 1996 (c. 52) applied.

Termination of contract by landlord

25

Sections 173 to 180 (termination by landlord's notice) are not applicable to a periodic standard contract which immediately before the appointed day was an assured tenancy but not an assured shorthold tenancy.

26

(1) Section 194 (landlord's break clause) does not apply to the following fixed term standard contracts (and accordingly sections 195 to 201 are not incorporated as terms of such contracts).

(2) A fixed term standard contract which immediately before the appointed day was a secure tenancy for a fixed term.

(3) A fixed term standard contract which—

(a) immediately before the appointed day was an assured tenancy for a fixed term, and

(b) is not an excluded contract.

(4) A contract is an excluded contract if, immediately before the appointed day, the landlord could have made a claim for possession relying on Ground 3 or 4 of Schedule 2 to the Housing Act 1988 (c. 50).

27

Estate management Ground C (special accommodation: charities) applies to a converted contract as if the occupation contract was made on the appointed day.

Termination of contract that was assured tenancy by landlord: additional absolute grounds for possession

28

(1) This paragraph applies in relation to a converted contract which immediately before the appointed day was an assured tenancy.

(2) The landlord may claim possession of the dwelling subject to the contract relying on Ground 1, 2 or 5 of Schedule 2 to the Housing Act 1988 (c. 50).

(3) But the landlord may not do so before the end of the period of two months starting with the day on which the landlord gives the contract-holder a possession notice (in accordance with section 150) specifying that Ground.

(4) Subject to section 204 (possession claims: powers of court) (which applies as if subsection (1)(a) included a reference to sub-paragraph (3)), if the court is satisfied that the Ground is made out it must make an order for possession (subject to any available defence based on the contract-holder's Convention rights).

29

(1) This paragraph also applies in relation to a converted contract which immediately before the appointed day was a periodic assured tenancy.

(2) The landlord may claim possession of the dwelling subject to the contract relying on Ground 7 of Schedule 2 to the Housing Act 1988 (c. 50) if—

(a) the tenant under the assured tenancy died before the appointed day, and

(b) before the appointed day the assured tenancy devolved, or after the appointed day the converted contract devolves, under the tenant's will or intestacy.

(3) But the landlord may not do so before the end of the period of two months starting with the day on which the landlord gives the contract-holder a possession notice specifying that Ground.

(4) Subject to section 204 (possession claims: powers of court) (which applies as if subsection (1)(a) included a reference to sub-paragraph (3)), if the court is satisfied that the Ground is made out it must make an order for possession (subject to any available defence based on the contract-holder's Convention rights).

Implied tenancies and licences

30

(1) This paragraph applies if, immediately before the appointed day, a dwelling is occupied as a home by a person who is a trespasser in relation to that dwelling.

(2) Section 238 (implied tenancies and licences)—

(a) applies to payments made by the person before the appointed day as to payments made by him or her after the appointed day, and

(b) applies as if the end of the relevant period were the end of the period mentioned in section 238(3) or, if later, the appointed day.

The occupation date

31

The occupation date, in relation to a converted contract, is the day on which the contract-holder became entitled to occupy the dwelling under the tenancy or licence which became an occupation contract on the appointed day.

Substitute occupation contracts

32

(1) If after a converted contract ends there are one or more substitute contracts, for the purposes of this Schedule (except paragraph 28 or where express provision is made to the contrary), the substitute contract is (or the substitute contracts are) to be treated as if they were the same tenancy or licence as the converted contract.

(2) The following are substitute contracts.

(3) An occupation contract between—

(a) a contract-holder who, immediately before the day on which the contract-holder became entitled to occupy the dwelling under that contract, was a contract-holder under a converted contract or a substitute contract, and

(b) a landlord that immediately before that day was a landlord under the converted contract or substitute contract,

which relates to the same (or substantially the same) dwelling as the converted contract or substitute contract.

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

(5) If a converted contract or a substitute contract ends under section 12(3)(a) (standard contract adopted by community landlord), the occupation contract which arises under section 12(3)(b).

(6) If a converted contract or a substitute contract is ended under section 220 (abandonment), and under section 222(3)(b) the court orders the landlord to provide suitable alternative accommodation, an occupation contract made in accordance with the order.

(7) If under section 210 (estate management grounds) the court makes an order for possession of a dwelling subject to a converted contract or a substitute contract, an occupation contract made to provide the contract-holder with suitable alternative accommodation.

(8) This Schedule applies to a substitute contract which—

(a) arises under section 184(2) as if paragraph 25A(2)(a) were omitted;

(b) is within section 184(6) as if paragraphs 25A(2)(a), 25B, 25C and 25D were omitted.

Power to amend Schedule

33

The Welsh Ministers may by regulations amend this Schedule.

Occupation contracts

Withdrawal

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

Orders for possession

Meaning of “private sector temporary homelessness accommodation”

Exclusion of contract-holder from dwelling for specified periods

Withdrawal: power to prescribe time limits

Transfer on death of sole contract-holder

Mobility

Permissible termination etc.

Landlord's review of decision to give a notice

Effect of order for possession

Consultation arrangements

The rule

Contracts for another's benefit: further provision

The rule

Meaning of “care institution”

Meaning of “temporary expedient”

Meaning of “shared accommodation”

The rule

Meaning of “long tenancy”

Meaning of “armed forces accommodation”

Meaning of “direct access accommodation”

Meaning of relevant period where there are previous contracts

Extending the relevant period

County court review of decision to extend

Occupation contracts by notice

Supported accommodation

Introductory occupation

...

Accommodation for displaced persons

Accommodation for homeless persons

Service occupancy: general

Service occupancy: police

Service occupancy: fire and rescue services

Student accommodation

Temporary accommodation: land acquired for development

Temporary accommodation: persons taking up employment

Temporary accommodation: short-term arrangements

Temporary accommodation: accommodation during works

Dwellings intended for transfer

Power to amend Schedule

Introductory period

Meaning of introduction date where there are previous introductory standard contracts

Extending the introductory period

Landlord's review of decision to extend introductory period

County court review of decision to extend

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

Terms of secure contract which was an introductory standard contract

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

Deposit schemes

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

Authorised deposit schemes: proceedings where the occupation contract has ended

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

Power to amend Schedule

Status of occupation contract

The dwelling

Circumstances of contract-holder and other occupiers

Circumstances of landlord

Section 49: proposed joint contract-holder

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

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

Procedure on application for an order under section 116

Terms of prohibited conduct standard contract

Probation period

Extending probation period

Landlord's review of decision to extend probation period

County court review of decision to extend probation period

Application to court to end probation period

Terms of secure contract that was a prohibited conduct standard contract

REDEVELOPMENT GROUNDS

Ground A (building works)

Ground B (redevelopment schemes)

SPECIAL ACCOMMODATION GROUNDS

Ground C (charities)

Ground D (dwelling suitable for disabled people)

Ground E (housing associations and housing trusts: people difficult to house)

Ground F (groups of dwellings for people with special needs)

UNDER-OCCUPATION GROUNDS

Ground G (reserve successors)

Ground H (joint contract-holders)

OTHER ESTATE MANAGEMENT REASONS

Ground I (other estate management reasons)

FUNDAMENTAL PROVISION

Fundamental provision applicable to all occupation contracts

Approval of scheme and of variation of scheme

Notice to contract-holders affected

Decision on approval or variation

Scheme affecting part of dwelling etc.

Conditions in relation to approval

Special provision for community landlords

Prohibited conduct standard contracts

Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2

Supported accommodation

...

Accommodation for displaced persons

Accommodation for homeless persons

Service occupancy

Service occupancy: police

Service occupancy: fire and rescue services

Temporary accommodation: land acquired for development

Temporary accommodation: short-term arrangements

Temporary accommodation: accommodation during works

Power to amend Schedule

Introductory

Circumstances as regards the contract-holder

Circumstances as regards the landlord

Circumstances as regards other persons

New occupation contract offered

Circumstances in relation to a possession claim on ground of breach of contract

Circumstances in relation to a possession claim concerning section 55

Circumstances relating to estate management Ground G

Circumstances relating to estate management Ground H

Assistance in relation to homelessness not relevant

Introductory

Estate management grounds: certificate of local housing authority

Suitable accommodation

Needs of contract-holder and his or her family

Overcrowding

Evidence of certificate of local housing authority

Definitions

Determination of whether existing tenancy or licence is occupation contract

2A

(1) Section 7(6) and paragraph 7(2) of Schedule 2 do not apply to a licence where immediately before the appointed day—

(a) the licensee was aged 16 or 17, and

(b) the licence was—

(i) a secure tenancy, or

(ii) an assured agricultural occupancy.

(2) Where sub-paragraph (1) applies, this Act applies to the contract-holder as if he or she were aged 18.

Determination of whether converted contract is secure contract or standard contract

6A

A converted contract relating to supported accommodation has effect as a supported standard contract only if immediately before the appointed day the contract was—

(a) an assured shorthold tenancy (see paragraph 24A for further provision about supported standard contracts that were assured shorthold tenancies), or

(b) a licence, other than a licence which was a secure tenancy.

Written statement of converted contract and provision of information

Variation

13B

Section 123 (variation of rent) does not apply to a converted contract that is a periodic standard contract under which the landlord is a private landlord and which immediately before the appointed day—

(a) was an assured tenancy but not an assured shorthold tenancy, and

(b) contained a term which made provision about variation of the rent under the tenancy or licence.

Waste and tenant-like user

Dealing

Succession

Requirement to occupy dwelling as main home under certain converted contracts

Introductory standard contracts

Prohibited conduct standard contract

Termination of contract by landlord

Termination of contract that was assured tenancy by landlord: additional absolute grounds for possession

Implied tenancies and licences

The occupation date

Substitute occupation contracts

Power to amend Schedule

Editorial notes

[^key-00c523c1fa8a3cea11d7dc0fcb9741f4]: Sch. 12 para. 32(4) omitted (14.7.2022) by virtue of The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 19(b)

[^key-015b0696d8abe7f576136f6c2f4f0c2d]: Words in s. 204(1)(a)(vi) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 19(c)

[^key-01dc072a821bcda7022d950bd969d690]: S. 173(3) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(4), 19(3)

[^key-02906854d094718bf9243866513215aa]: Sch. 12 para. 13B inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 11

[^key-034dd7e90a8ac0646e105335517b5d4e]: Sch. 12 para. 32(8) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 19(c)

[^key-0388a5efaaa882fc267d8f2ec9aba41c]: Words in s. 150(1) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 14(a)

[^key-06f6ef96d4937f727075ee44ddd28a2c]: Pt. 6 Ch. 3: power to amend conferred (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2), s. 30(2), Sch. 1 para. 11 (with s. 29); S.I. 2019/1150, art. 2(c)

[^key-09edb42981e79c03f3db3c871ba9b3a3]: S. 194(1A) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 11(1)(b), 19(3)

[^key-0b48454adc2d44f7a4cd460ab21cadad]: Sch. 3 para. 10(2) in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(a), Sch. Pt. 1

[^key-0bf63ad04587817e0a64c4aa5c1a4e41]: Words in Sch. 1 Pt. 2 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 22(2)(b)(i)

[^key-0c6e297df889e1998d4b4d37cfd2c024]: Sch. 9A para. 3(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143), regs. 1, 5(4)(b) (as amended by S.I. 2022/906, arts. 1(2), 8)

[^key-0d3559e03b5161c8d1607db6b1c2a569]: Words in s. 147 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 13

[^key-0ed1117cf7db31d53d057c9a16d6ca69]: Words in Sch. 12 para. 15(1) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 12(a)

[^key-0f00c6a6e40361f7bdcef47a48d5a14f]: Words in Sch. 12 para. 32(3)(a) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 19(a)(i)

[^key-12326c412c67d79dcd62c931176b0055]: Sch. 12 para. 25A(2)(c) and word inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 15(b)

[^key-12f589862f9def90151d3a3c9d90becf]: S. 133(3) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 13(3), 19(3)

[^key-156afb7aeb85ccb2f71fdc358bb069d5]: Words in s. 128(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 11

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