Search Legislation

Renting Homes (Wales) Act 2016

Status:

This is the original version (as it was originally enacted).

Contracts made with or adopted by community landlords

11Contract made with community landlord

(1)An occupation contract made with a community landlord is a secure contract unless one of the following exceptions applies.

(2)The first exception applies if—

(a)the occupation contract is within Schedule 3 (occupation contracts made with community landlords which may be standard contracts),

(b)before or at the time the contract is made, the landlord gives the contract-holder a notice under section 13 (notice of standard contract), and

(c)no other exception applies.

(3)The second exception applies if the contract is made as a result of an order under section 116 (prohibited conduct standard contract).

(4)The third exception applies if the contract arises under section 184(2) or is within section 184(6) (contracts at end of fixed term).

(5)The fourth exception applies if the contract is a tenancy or licence arising under section 238 (implied tenancies and licences).

(6)Section 16 makes further provision about contracts to which the first exception applies because the contract is within paragraph 3 of Schedule 3 (introductory standard contracts).

12Contract adopted by community landlord

(1)If a community landlord becomes the landlord under an existing secure contract, the contract continues as a secure contract.

(2)If a community landlord becomes the landlord under an existing standard contract because of a transfer under section 62 or 66 (transfer of rights and obligations of landlord under a sub-occupation contract), the contract continues as a standard contract.

(3)If a community landlord becomes the landlord under an existing standard contract for any other reason, the existing contract—

(a)ends when the community landlord becomes the landlord, and

(b)is replaced with a secure contract that has an occupation date falling immediately after the existing contract ends,

unless one of the following exceptions applies.

(4)The first exception applies if—

(a)the contract is within Schedule 3 (occupation contracts adopted by community landlords which may be standard contracts),

(b)before or at the time the community landlord becomes the landlord, the community landlord gives the contract-holder a notice under section 13, and

(c)no other exception applies.

(5)The second exception applies if the contract is made as a result of an order under section 116 (prohibited conduct standard contract).

(6)The third exception applies if the contract arises under section 184(2) or is within section 184(6) (contracts at end of fixed term).

(7)The fourth exception applies if the contract is a tenancy or licence arising under section 238 (implied tenancies and licences).

(8)The fifth exception applies if—

(a)the contract is a fixed term standard contract for which a premium was paid, and

(b)before the community landlord becomes the landlord, the contract-holder decides that the contract should remain a fixed term standard contract (section 15 makes further provision about such decisions).

(9)Section 16 makes further provision about contracts to which the first exception applies because the contract is within paragraph 3 of Schedule 3 (introductory standard contracts).

13Notice of standard contract

(1)A notice under this section is a notice—

(a)specifying the paragraph of Schedule 3, and the description of occupation contract set out in that paragraph, on which the landlord relies, and

(b)stating that the contract is a standard contract.

(2)The notice must also inform the contract-holder of his or her right to apply for a review under section 14, and of the time by which the application must be made.

14Review of notice

(1)This section applies where a community landlord gives a notice under section 13.

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

(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 contract-holder the notice.

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

(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, it 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 under section 13 before the end of the post-review period, the notice has effect (other than for the purposes of subsection (3)) as if given—

(a)in a case within section 11, at the time the contract was made, or

(b)in a case within section 12, at the time the community landlord became the landlord.

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

15Notice of right to decide to remain on a fixed term standard contract

(1)At least one month before a community landlord becomes the landlord under a fixed term standard contract for which a premium was paid, the community landlord must give the contract-holder a notice under this section.

(2)The notice must—

(a)inform the contract-holder of his or her right under section 12(8)(b) to decide that the contract should remain a fixed term standard contract, and of the time by which the decision must be made, and

(b)explain how section 12 will apply to the contract if the contract-holder does not make such a decision.

16Introductory standard contracts

(1)An occupation contract which is a standard contract because the first exception in section 11 or 12 applies and because it is within paragraph 3 of Schedule 3 (new occupation contract made with community landlord)—

(a)is a periodic standard contract during the introductory period, and

(b)if it subsists immediately before the end of that period—

(i)ends at the end of that period, and

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

(2)But subsection (1)(b) does not apply if an introductory period ends because of paragraph 1(6) of Schedule 4 (private landlord becomes landlord under the contract).

(3)Schedule 4 makes provision about introductory periods and about the terms of a secure contract which arises at the end of an introductory period.

(4)In this Act “introductory standard contract” means a contract—

(a)which is within subsection (1), and

(b)in relation to which the introductory period has not ended.

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

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