Renting Homes (Wales) Act 2016

38 Incorrect statement: landlord’s application to court for declaration that contract is a standard contract

(1) This section applies if the landlord under an occupation contract is a community landlord and has given the contract-holder—

(a) a notice under section 13 (notice of standard contract), but

(b) a written statement of the contract that is consistent with a secure contract.

(2) The landlord may apply to the court for a declaration that the contract is a standard contract.

(3) The court may not make the declaration if it is satisfied that, at the time the landlord gave the written statement to the contract-holder, it was the intention of the landlord that the contract should be a secure contract.

(4) If the court makes the declaration each fundamental and supplementary provision applicable to the contract is incorporated as a term of the contract without modification, unless the contract-holder claims it was not incorporated or was incorporated with modifications.

(5) If the contract-holder makes a claim of a kind mentioned in subsection (4), the court must determine that claim.

(6) The court may—

(a) attach a written statement of the occupation contract to its declaration, or

(b) order the landlord to give the contract-holder a corrected written statement of the contract.