Renting Homes (Wales) Act 2016

PART 8 SUPPORTED STANDARD CONTRACTS

143 Supported standard contract and supported accommodation

(1) In this Act “supported standard contract” means a standard contract which relates to supported accommodation.

(2) For the purposes of this Act accommodation is “supported accommodation” if—

(a) it is provided by a community landlord or a registered charity,

(b) the landlord or charity (or a person acting on behalf of the landlord or charity) provides support services to a person entitled to occupy the accommodation, and

(c) there is a connection between provision of the accommodation and provision of the support services.

(3) Accommodation in a care institution (within the meaning of paragraph 4 of Schedule 2) is not supported accommodation.

(4) “Support services” include—

(a) support in controlling or overcoming addiction,

(b) support in finding employment or alternative accommodation, and

(c) supporting someone who finds it difficult to live independently because of age, illness, disability or any other reason.

(5) “Support” includes the provision of advice, training, guidance and counselling.

144 Mobility

(1) A supported standard contract may provide that the dwelling subject to the contract is the dwelling, within a building specified in the contract, as is from time to time specified by the landlord.

(2) If it does so, then references in this Act to the dwelling subject to the occupation contract are to be read as references to the dwelling for the time being specified by the landlord.

145 Temporary exclusion

(1) If the landlord under a supported standard contract reasonably believes that a contract-holder has done anything within subsection (2), the landlord may require the contract-holder—

(a) to leave the dwelling, and

(b) not to return to the dwelling for a specified period.

(2) The acts are—

(a) using violence against any person in the dwelling,

(b) doing something in the dwelling which creates a risk of significant harm to any person, and

(c) behaving in the dwelling in a way which seriously impedes the ability of another resident of supported accommodation provided by the landlord to benefit from the support provided in connection with that accommodation.

(3) The period specified under subsection (1)(b) may not be longer than 48 hours.

(4) The landlord must give a contract-holder required to leave the dwelling under this section a notice setting out the reasons why he or she is required to leave, and must do so⁠—

(a) when requiring him or her to leave, or

(b) as soon as reasonably practicable afterwards.

(5) The landlord may use the power conferred by this section, in relation to a particular contract-holder, no more than three times in any period of six months.

(6) In this section (except in subsection (2)(c) and this subsection) references to “the landlord” include references to any person designated by the landlord as entitled to exercise the power under this section in relation to the dwelling.

(7) In this section “dwelling” includes any common parts.

(8) This section is a fundamental provision which is incorporated as a term of all supported standard contracts.

146 Temporary exclusion: guidance

(1) The Welsh Ministers must issue guidance about the exercise by landlords of their functions under section 145.

(2) In the exercise of those functions, a landlord must have regard to guidance issued under subsection (1).