Search Legislation

Renting Homes (Wales) Act 2016

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Renting Homes (Wales) Act 2016, PART 1 . Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

PART 1 E+WOVERVIEW OF ACT

Introduction to Parts 1 and 2 and key concepts in this ActE+W

1Occupation contractsE+W

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

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

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

(i)secure contracts, and

(ii)standard contracts;

(c)there are two kinds of standard contract, namely—

(i)fixed term standard contracts, and

(ii)periodic standard contracts,

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

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

2Kinds of landlordE+W

(1)This Act (in Part 2) provides—

(a)for two kinds of landlord—

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

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

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

(2)In general—

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

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

but this is subject to various exceptions.

3Fundamental provisions and supplementary provisions of occupation contractsE+W

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

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

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

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

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

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

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

4Identifying provisions of this Act which are fundamental provisionsE+W

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

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

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

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

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

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

(c)Part 3 identifies the fundamental provisions that are applicable to fixed term standard contracts.

Overview of rest of ActE+W

5Overview of Parts 3 to 9: operation and termination of occupation contractsE+W

(1)Parts 3 to 9 concern occupation contracts.

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

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

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

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

(c)Part 6 applies to periodic standard contracts only,

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

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

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

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

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

6Overview of Parts 10 and 11: general provisionE+W

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

(a)supplementary to Parts 2 to 9, or

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

(2)Part 11 contains—

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

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

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources