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Renting Homes (Wales) Act 2016

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Changes and effects yet to be applied to Part 5 Chapter 5:

  • specified provision(s) savings for amendments by 2018 anaw 1, s. 6, Sch. 6 by S.I. 2019/110 reg. 5

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CHAPTER 5E+WPROHIBITED CONDUCT STANDARD CONTRACTS

116Order imposing periodic standard contract because of prohibited conductE+W

(1)If the landlord under a secure contract is a community landlord or a registered charity, the landlord may apply to the court for an order under this section on the ground that the contract-holder is in breach of section 55 (anti-social behaviour and other prohibited conduct).

(2)The effect of an order under this section is—

(a)to end the secure contract from a date specified in the order, and

(b)if the contract-holder remains in occupation after the specified date, to create a periodic standard contract whose occupation date is the date specified in the order (and which is a periodic standard contract until the end of the probationary period).

(3)The court may make an order under this section only if it is satisfied that—

(a)the contract-holder is in breach of section 55,

(b)it would have made an order for possession on the ground in section 157 (breach of contract) in reliance only on that breach,

(c)the landlord will make available to the contract-holder a programme of social support the aim of which is the prevention of prohibited conduct, and

(d)it is reasonable to make the order.

(4)The Welsh Ministers may issue guidance as to the activities and services (including assistance, advice and counselling services) that may be included in a programme of social support for the purposes of subsection (3).

(5)Schedule 7 makes provision about probation periods, the procedure for obtaining an order under this section, and about the terms of a periodic standard contract created under this section.

(6)In this Act “prohibited conduct standard contract” means a contract which is a periodic standard contract created because of an order under this section, and in relation to which the probation period has not yet ended.

Commencement Information

I1S. 116(4) in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(b), Sch. Pt. 2

Prospective

117Conversion to secure contractE+W

(1)A periodic standard contract which arose because of an order under section 116 and which subsists at the end of the probation period—

(a)ends at the end of the probation period, and

(b)is replaced with a secure contract that has an occupation date falling immediately after that period ends.

(2)But subsection (1) does not apply if the probation period ends because of paragraph 3(9) of Schedule 7.

(3)Schedule 7 makes provision about the terms of a secure contract which arises at the end of a probation period.

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