Renting Homes (Wales) Act 2016

CHAPTER 1 E+W FURTHER PROVISIONS RELATING TO OCCUPATION CONTRACTS

Yn ddilys o 01/12/2022

Effect of reaching 18 E+W

233 Effect of reaching 18 E+W

(1) This section applies to a tenancy or licence which is not an occupation contract because paragraph 7(2) of Schedule 2 (all those with whom tenancy or licence is made are under 18) applies to it.

(2) When the relevant person reaches the age of 18, the following questions are to be determined as if the tenancy or licence were made on the day the person reaches that age⁠—

(a) whether the tenancy or licence is an occupation contract,

(b) the identity of the contract-holders under the contract, and

(c) whether it is a secure contract or a standard contract.

(3) The relevant person—

(a) if the tenancy or licence is made with one person, is that person, and

(b) if the tenancy or licence is made with more than one person, is the first of them to reach the age of 18.

Yn ddilys o 01/12/2022

Consultation obligations of community landlords E+W

234 Consultation arrangements E+W

(1) A community landlord must make and maintain such arrangements as it considers appropriate—

(a) for informing contract-holders under occupation contracts with the landlord of relevant proposals on housing management matters, and

(b) for giving the contract-holders a reasonable opportunity to comment on the proposals.

(2) The duties in subsection (1)—

(a) apply only where a relevant proposal on a housing management matter is likely to substantially affect all the contract-holders under occupation contracts with the landlord, or a relevant group of such contract-holders, and

(b) apply only in relation to the contract-holders who are likely to be substantially affected.

(3) Before making any decision on a relevant proposal on a housing management matter, the landlord must consider any comments made by contract-holders in accordance with the arrangements.

(4) “Relevant proposal on a housing management matter” means a proposal that, in the opinion of the landlord, is about—

(a) a new programme of maintenance, improvement or demolition of dwellings subject to occupation contracts, or

(b) a change in the practice or policy of the landlord in relation to management, maintenance, improvement or demolition of such dwellings.

(5) But a proposal is not a relevant proposal on a housing management matter so far as it relates to—

(a) the rent payable or other consideration due to the landlord, or

(b) charges for services and facilities provided by the landlord.

(6) “Relevant group” means a group that—

(a) forms a distinct social group, or

(b) occupies dwellings which constitute a distinct class (whether by reference to the kind of dwelling, or the housing estate or other larger area in which they are situated).

(7) This section is subject to paragraph 12(7) in Part 2 of Schedule 8 (approval of redevelopment schemes).

235 Statement of consultation arrangements E+W

(1) A landlord required to make arrangements under section 234 must prepare and publish a statement of the arrangements.

(2) If the landlord is a local housing authority, it must make a copy of the statement available at the landlord's principal office for inspection at all reasonable times, without charge, by members of the public.

(3) If the landlord is a registered social landlord or a private registered provider of social housing, it must send a copy of the statement to the Welsh Ministers and the local housing authority for the area in which the dwellings are situated.

(4) A local housing authority to which a copy is sent under subsection (3) must make it available at its principal office for inspection at all reasonable times, without charge, by members of the public.

(5) The landlord must give a copy of the statement—

(a) to any contract-holder under an occupation contract with the landlord who asks for one, free of charge, and

(b) to any other person who asks for one, on payment of a reasonable fee.

(6) The landlord must also—

(a) prepare a summary of the statement, and

(b) provide a copy of the summary without charge to any person who asks for one.

Notices, statements and other documents E+W

236 Form of notices, statements and other documents E+W

(1) This section applies to any notice or other document (including a copy of a document) required or authorised to be given or made by or because of this Act.

(2) The notice or document must be in writing.

(3) The Welsh Ministers may prescribe the form of the notice or document and, unless the regulations provide otherwise, a notice or document not in the prescribed form is of no effect.

(4) The notice or document may be in electronic form (subject to section 237(4)) provided it—

(a) has the certified electronic signature of each person by whom it is required to be signed or executed, and

(b) complies with such other conditions as may be prescribed.

(5) A notice or document within subsection (4) is to be treated as signed or executed by each person whose certified electronic signature it has.

(6) If a notice or document in electronic form is authenticated by a person as agent, it is to be regarded for the purposes of any enactment as authenticated by that person under the written authority of that person's principal.

(7) References to an electronic signature and to the certification of such a signature are to be read in accordance with section 7(2) and (3) of the Electronic Communications Act 2000 (c. 7).

Commencement Information

I1 S. 236(3)(4) in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(a), Sch. Pt. 1

Yn ddilys o 01/12/2022

237 Giving notices, statements and other documents E+W

(1) This section applies where this Act requires or authorises a person to—

(a) notify a person of something, or

(b) give a document to a person (including a notice or a copy of a document).

(2) The notification or document may be given to a person—

(a) by delivering it to the person,

(b) by leaving it at, or posting it to, one of the places mentioned in subsection (3), or

(c) if the conditions in subsection (4) are complied with, by sending it to the person in electronic form.

(3) The places are—

(a) the person's last known residence or place of business,

(b) any place specified by the person as a place where the person may be given notifications or documents, or

(c) if the notification or document is given to a person in that person's capacity as a contract-holder, the dwelling subject to the occupation contract.

(4) A notification or document may be given to a person by sending it in an electronic form if it complies with the conditions in, and any conditions under, section 236(4) and—

(a) the person has indicated a willingness to receive the notification or document electronically,

(b) the text is received by the person in legible form, and

(c) the text is capable of being used for subsequent reference.

(5) The notification or document may be given to a body corporate by being given to the secretary or clerk of that body.

(6) A notification or document given to a person by leaving it at any of the places mentioned in subsection (3) is to be treated as having been given at the time at which it was left at that place.