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Housing (Wales) Act 2014

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This is the original version (as it was originally enacted).

31Revocation of rent stopping orders

Explanatory NotesShow EN

(1)A residential property tribunal may, in accordance with this section, revoke a rent stopping order made in respect of a dwelling under section 30.

(2)The tribunal may revoke an order only—

(a)on an application by—

(i)the licensing authority for the area in which the dwelling is located,

(ii)the local housing authority for the area in which the dwelling is located, or

(iii)the landlord of the dwelling, and

(b)if it is satisfied that an offence under section 7(5) or 13(3) is no longer being committed in relation to the dwelling.

(3)But a local housing authority may not make an application under subsection (2) without the consent of the licensing authority mentioned in paragraph (a)(i) of that subsection (unless it is the licensing authority); and consent for that purpose may be given generally or in respect of a particular application.

(4)Where the tribunal revokes a rent stopping order, periodical payments in connection with a domestic tenancy of the dwelling become payable from a date specified by the tribunal (which may, if the tribunal considers it appropriate, be a date earlier than the date on which the order is revoked).

(5)But revocation of a rent stopping order does not make a person liable to pay any periodical payments which, by virtue of the order, were stopped in respect of the period beginning with the stopping date (see section 30(3)(a)) and ending with the date specified by the tribunal when revoking the order.

(6)If a rent stopping order is revoked following an application made under subsection (2)(a)(i) or (ii), the authority which made the application must notify the following persons that the order is revoked and of the effect of the revocation—

(a)any tenant or occupier of the dwelling, and

(b)the landlord of the dwelling.

(7)Where revocation occurs following an application made by a landlord, the licensing authority for the area in which the dwelling is located must ensure that any tenant or occupier of the dwelling is notified that the order is revoked and of the effect of the revocation.

(8)In subsection (2)(b)—

(a)the reference to an offence section 7(5) does not include an offence committed in consequence of a contravention of subsection (3) of that section, and

(b)the reference to an offence committed under 13(3) does not include an offence committed in consequence of a contravention of subsection (1) of that section.

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