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Renting Homes (Wales) Act 2016

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

6(1)Sub-paragraph (2) applies if, before the end of the introductory period, the landlord and the contract-holder have agreed (subject to the provisions of this Act as to the incorporation of fundamental and supplementary provisions) what the terms of the secure contract that may arise at the end of the introductory period are to be.E+W

(2)A written statement of the introductory standard contract may set out the terms of the secure contract by—

(a)identifying the terms of the introductory standard contract that will not be terms of the secure contract, and setting out the terms that will apply only to the secure contract, or

(b)separately setting out all of the terms of the secure contract.

(3)Where a written statement of an introductory standard contract addresses the secure contract in accordance with sub-paragraph (2) (a “relevant written statement”)—

(a)the relevant written statement is not incorrect (see section 37) merely because it addresses the secure contract,

(b)the landlord is to be treated as having complied with the requirement in section 31(1) (provision of written statement) in relation to the secure contract, and

(c)the terms of the secure contract may not be enforced against the contract-holder before the occupation date of that contract (and accordingly, section 42 does not apply).

(4)If the occupation date of a secure contract addressed in a relevant written statement changes because the landlord has extended the introductory period in accordance with paragraph 3, the relevant written statement is not incorrect merely because it does not set out the new occupation date.

7(1)A secure contract addressed in a relevant written statement may be varied by agreement between the landlord and the contract-holder before the occupation date of the secure contract, subject to sub-paragraphs (2) to (5).E+W

(2)Section 108(1) to (5) (limit on variation) applies in relation to such a variation.

(3)Sections 109(1) to (3) and 110 (written statement of variation) apply in relation to such a variation.

(4)Section 104(1) to (3) or (as the case may be) section 105(1)(b) and (2) to (4) applies in relation to a variation of the rent or other consideration which is to be payable under the secure contract.

(5)Sections 104(3)(a) and 105(4)(a), as applied by sub-paragraph (4), are to be read as if for “any date” there were substituted “ the occupation date of the secure contract, or a later date ”.

(6)This paragraph is a fundamental provision which is incorporated as a term of all introductory standard contracts where the written statement of the contract is a relevant written statement; section 20 provides that this paragraph—

(a)must be incorporated, and

(b)must not be incorporated with modifications.

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