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Renting Homes (Wales) Act 2016

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This is the original version (as it was originally enacted).

57Permissible forms of dealing
This section has no associated Explanatory Notes

(1)The contract-holder under an occupation contract may not deal with the occupation contract, the dwelling or any part of the dwelling except—

(a)in a way permitted by the contract, or

(b)in accordance with a family property order (see section 251).

(2)A joint contract-holder may not deal with his or her rights and obligations under the occupation contract (or with the occupation contract, the dwelling or any part of the dwelling), except—

(a)in a way permitted by the contract, or

(b)in accordance with a family property order.

(3)If the contract-holder does anything in breach of subsection (1), or a joint contract-holder does anything in breach of subsection (2)—

(a)the transaction is not binding on the landlord, and

(b)the contract-holder or joint contract-holder is in breach of the contract (despite the transaction not being binding on the landlord).

(4)“Dealing” includes—

(a)creating a tenancy, or creating a licence which confers the right to occupy the dwelling;

(b)transferring;

(c)mortgaging or otherwise charging.

(5)This section is a fundamental provision which is incorporated as a term of all occupation contracts.

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