Explanatory Notes

Renting Homes (Wales) Act 2016


18 January 2016

Commentary on Sections

Part 5 - Provisions Applying Only to Secure Contracts

Chapter 6 - Provisions Applying Only to Secure Contracts With Community Landlords
Section 118 - Transfer to another secure contract-holder and Section 119 - Transfer to another secure contract-holder: landlord’s consent

305.If this section is incorporated as a term of a secure contract without modification, a contract-holder who has a contract with a community landlord may, with the landlord’s consent, transfer their contract to another contract-holder of a community landlord who also has a secure contract.

306.Under section 119, what is reasonable for the landlord to take into account when considering whether to grant consent is to be determined in accordance with Schedule 6 (and see in particular paragraph 13). Paragraphs 14 of Schedule 6 enable the landlord to make it a condition of consent that, if the transfer is part of a wider series of transfers, it will only be granted if all the other transfers in that series take place. The landlord may also make it a condition that, if the person to whom the contract is being transferred is a priority or reserve successor in relation to his or her existing contract (see notes on sections 74 to 77 above), he or she will be treated as a successor of that kind under the contract transferred to him or her.