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Renting Homes (Amendment) (Wales) Act 2021

Section 13 – Power to restrict right to exclude contract-holder from dwelling for specified periods

67.This section amends sections 121 and 133 of the 2016 Act.

68.Section 121 of the 2016 Act states that a periodic standard contract can provide that the contract-holder is not entitled to occupy the dwelling as a home for specified periods. Section 133 of the 2016 Act contains identical provision in relation to fixed term standard contracts.

69.Section 13 of the Act inserts a new subsection (3) into each of sections 121 and 133 of the 2016 Act. New subsection (3), in both sections, provides the Welsh Ministers with a regulation making power to amend the 2016 Act for the purposes listed in paragraphs (a) to (e) of the inserted subsection (3). These relate to how sections 121 and 133 of the 2016 Act apply, and in particular, regulations under these new powers may be used to restrict the right to include in an occupation contract provision about the temporary exclusion of the contract-holder from the dwelling.

70.Regulations under these powers are subject to the affirmative procedure (see the amendment to section 256 of the 2016 Act in Schedule 6 to the Act).

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