Schedule 5 – Miscellaneous amendments to the 2016 Act
72.The following amendments are included in Schedule 5:
the test to be applied when considering the incorporation and modification of fundamental terms is amended. The question of whether a change relating to a fundamental term is permissible is no longer expressly related to ‘the contract-holder’s opinion’;
references to “the relevant date” in sections 110, 129 and 137 are amended to ensure the provisions work correctly with sections 36 and 37;
provisions to ensure that secure tenancies which are housing association tenancies can become occupation contracts;
to add a regulation making power to the 2016 Act to allow the Welsh Ministers to make provision about tenancies and licences that are abolished by section 239 of the 2016 Act, to make provision about tenancies and licences that are not and cannot be occupation contracts, and to allow the Welsh Ministers to make provision in relation to the end of the term of a long tenancy;
the word ‘wholly’ is omitted from the definition of “dwelling” in the 2016 Act, to make it consistent with other housing legislation applying in relation to dwellings in Wales or dwellings in England;
the power to make consequential and other amendments in respect of the 2016 Act is broadened to include legislation made at any time after the 2016 Act received Royal Assent;
an amendment to clarify when an occupation contract of student accommodation made with or adopted by a community landlord can be a standard contract; and
the Schedule also makes minor amendments to the Welsh text of the 2016 Act.
