Renting Homes (Wales) Act 2016

Terms of prohibited conduct standard contract E+W

2 (1) This section applies where a periodic standard contract is created by an order under section 116. E+W

(2) If the landlord and the contract-holder agree the terms of the periodic standard contract, the terms of the contract are the terms agreed.

(3) Sub-paragraph (2) is subject to the provisions of this Act about the incorporation of fundamental and supplementary provisions.

(4) If the landlord and the contract-holder do not agree the terms of the periodic standard contract—

(a) the fundamental and supplementary provisions applicable to periodic standard contracts are incorporated as terms of the contract without modification,

(b) any terms of the contract which are incompatible with those fundamental or supplementary provisions cease to have effect, and

(c) otherwise, the terms of the periodic standard contract are the same as the terms of the secure contract.

(5) Whether or not the landlord and contract holder agree the terms of the periodic standard contract, it is a term of the contract that—

(a) any arrears of rent payable at the end of the secure contract become payable under the periodic standard contract, and

(b) any rent paid in advance or overpaid at the end of the secure contract is credited to the contract-holder's liability to pay rent under the periodic standard contract.

(6) The requirement in section 39(1) (landlord must give contract-holder a contact address at start of contract) does not apply.

(7) Section 151(3) (requirement to inform contract-holder of right to apply for landlord's review under section 202) provides that that section is a fundamental provision which is incorporated as a term of all prohibited conduct standard contracts.

(8) Prohibited conduct standard contracts are within Schedule 9; accordingly section 175 (restriction on giving landlord's notice [F1 until after the first six months] of occupation) is not incorporated as a term of a prohibited conduct standard contract.

Textual Amendments

F1 Words in Sch. 7 para. 2(8) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 25(2)

Commencement Information

I1 Sch. 7 para. 2 in force at 1.12.2022 by S.I. 2022/906, art. 2