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Renting Homes (Wales) Act 2016

If so, what kind of occupation contract is it?

10.This question can be resolved by reference to Chapter 2 of Part 2 of the Act. The two main factors in answering this question are:


who the landlord is, and


what has been agreed between the tenant or licensee (referred to in the Act as the ‘contract-holder’) and the landlord.

11.As a general rule, though the Act does provide for exceptions, an occupation contract made with a ‘community landlord’ will be a ‘secure contract’. ‘Community landlord’ is defined in section 9; the main kinds of community landlord are local authorities, housing associations and other kinds of registered social landlord, and private registered providers of social housing. A secure tenancy gives the strongest security of occupation (sometimes referred to as ‘security of tenure’) to the contract-holder.

12.Again as a general rule, subject to exceptions, an occupation contract made with a ‘private landlord’ will be a ‘standard contract’. Any landlord who is not a community landlord is a private landlord for the purposes of the Act.

13.Secure contracts are ‘periodic’; this means that they will roll from period to period (generally, from week to week or month to month). Standard contracts can be either periodic or made for a fixed term. Aside from differences relating to security of occupation, there are a range of differences between secure and standard contracts (and between periodic and fixed term standard contracts); these are set out throughout the Act, and are considered in the section-by-section commentary in these Notes.

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Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.


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