Renting Homes (Wales) Act 2016

PART 5 E+W TENANCIES AND LICENCES TO WHICH SPECIAL RULES APPLY: SUPPORTED ACCOMMODATION

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

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

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

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

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

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

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

Commencement Information

I1 Sch. 2 para. 13 in force at 1.12.2022 by S.I. 2022/906, art. 2

Meaning of relevant period where there are previous contracts E+W

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

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

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

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

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

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

(i) that building, or

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

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

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

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

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

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

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

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

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

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

(ii) taking the earliest of those dates, or

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

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

Commencement Information

I2 Sch. 2 para. 14 in force at 1.12.2022 by S.I. 2022/906, art. 2

Extending the relevant period E+W

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

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

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

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

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

(c) paragraph 14(4)(a) or (b);

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

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

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

(6) The notice of extension must—

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

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

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

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

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

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

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

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

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

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

Commencement Information

I3 Sch. 2 para. 15(1)-(9) in force at 1.12.2022 by S.I. 2022/906, art. 2

I4 Sch. 2 para. 15(10) in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(a), Sch. Pt. 1

I5 Sch. 2 para. 15(10) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906, art. 2

County court review of decision to extend E+W

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

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

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

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

(3) The application must be made before the end of the period of 14 days starting with the day on which the landlord gives the tenant or licensee a notice of extension.

(4) The county court may give permission for an application to be made after the end of the period allowed by sub-paragraph (3), but only if it is satisfied—

(a) where permission is sought before the end of that period, that there is a good reason for the tenant or licensee to be unable to make the application in time, or

(b) where permission is sought after that time, that there is a good reason for the tenant or licensee's failure to make the application in time and for any delay in applying for permission.

(5) The county court may—

(a) confirm or quash the decision, or

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

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

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

(8) If the county court quashes the decision—

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

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

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

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

Commencement Information

I6 Sch. 2 para. 16 in force at 1.12.2022 by S.I. 2022/906, art. 2