Legalize / United Kingdom / Wales / Act of Senedd Cymru

Renting Homes (Wales) Act 2016

Type Act of Senedd Cymru

Publication 2016-01-18

Last updated 2025-09-10

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) before the end of the period of six months starting with the day on which the landlord (or in the case of joint landlords, any one of them) became aware of the previous contract-holder's death, or

(b) after the end of the period of twelve months starting with that day.

(5) The landlord may not give the contract-holder a possession notice specifying estate management Ground H (departing joint contract-holder) after the end of the period of six months starting with the day on which the joint contract-holder's rights and obligations under the contract ended.

(6) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

Estate management grounds: redevelopment schemes

162

Part 2 of Schedule 8 (approval of redevelopment schemes) makes provision supplementing estate management Ground B.

CHAPTER 4 — TERMINATION OF SECURE CONTRACTS (CONTRACT-HOLDER'S NOTICE)

Contract-holder’s notice

163

(1) The contract-holder under a secure contract may end the contract by giving the landlord notice that he or she will give up possession of the dwelling on a date specified in the notice.

(2) This section is a fundamental provision which is incorporated as a term of all secure contracts.

Minimum notice period

164

(1) The date specified in a notice under section 163 may not be less than four weeks after the day on which the notice is given to the landlord.

(2) This section is a fundamental provision which is incorporated as a term of all secure contracts.

Recovery of possession

165

(1) If the contract-holder fails to give up possession of the dwelling on the date specified in a notice under section 163, the landlord may on that ground make a possession claim.

(2) Section 212 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(3) This section is a fundamental provision which is incorporated as a term of all secure contracts.

Restrictions on section 165

166

(1) Before making a possession claim on the ground in section 165 the landlord must give the contract-holder a possession notice specifying that ground.

(2) The landlord may make the possession claim on or after the day on which the landlord gives the contract-holder the possession notice.

(3) But the landlord may not make the possession claim after the end of the period of six months starting with that day.

(4) The landlord may not give the contract-holder a possession notice specifying the ground in section 165 after the end of the period of two months starting with the date specified in the notice under section 163 as the date on which the contract-holder would give up possession of the dwelling.

(5) This section is a fundamental provision which is incorporated as a term of all secure contracts.

Termination of contract on contract-holder’s notice

167

(1) If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under section 163, the contract ends on the date specified in the notice.

(2) If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends—

(a) on the day on which the contract-holder gives up possession of the dwelling, or

(b) if an order for possession is made, on the date determined in accordance with section 206.

(3) The notice ceases to have effect if, before the contract ends—

(a) the contract-holder withdraws the notice by further notice to the landlord, and

(b) the landlord does not object to the withdrawal in writing before the end of a reasonable period.

(4) This section is a fundamental provision which is incorporated as a term of all secure contracts.

CHAPTER 5 — TERMINATION OF PERIODIC STANDARD CONTRACTS

Termination by contract-holder: contract-holder's notice

Contract-holder’s notice

168

(1) The contract-holder under a periodic standard contract may end the contract by giving the landlord notice that he or she will give up possession of the dwelling on a date specified in the notice.

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

Minimum notice period

169

(1) The date specified in a notice under section 168 may not be less than four weeks after the day on which the notice is given to the landlord.

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

Recovery of possession

170

(1) If the contract-holder fails to give up possession of the dwelling on the date specified in a notice under section 168, the landlord may on that ground make a possession claim.

(2) Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

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

Restrictions on section 170

171

(1) Before making a possession claim on the ground in section 170 the landlord must give the contract-holder a possession notice specifying that ground.

(2) The landlord may make the possession claim on or after the day on which the landlord gives the contract-holder the possession notice.

(3) But the landlord may not make the possession claim after the end of the period of six months starting with that day.

(4) The landlord may not give the contract-holder a possession notice specifying the ground in section 170 after the end of the period of two months starting with the date specified in the notice under section 168 as the date on which the contract-holder would give up possession of the dwelling.

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

Termination of contract on contract-holder’s notice

172

(1) If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under section 168 the contract ends on the date specified in the notice.

(2) If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends—

(a) on the day on which the contract-holder gives up possession of the dwelling, or

(b) if an order for possession is made, on the date determined in accordance with section 206.

(3) The notice ceases to have effect if, before the contract ends—

(a) the contract-holder withdraws the notice by giving further notice to the landlord, and

(b) the landlord does not object to the withdrawal in writing before the end of a reasonable period.

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

Termination by landlord: landlord's notice

Landlord’s notice

173

(1) The landlord under a periodic standard contract may end the contract by giving the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minimum notice period

174

(1) The date specified in a notice under section 173 may not be less than six months after the day on which the notice is given to the contract-holder.

(2) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which—

(a) do not incorporate section 173 as a term of the contract, or

(b) are within Schedule 8A (whether or not they incorporate section 173 as a term of the contract).

Restrictions on section 173: notice may not be given in first four months of occupation

175

(1) The landlord may not give notice under section 173 before the end of the period of six months starting with the occupation date of the contract.

(2) If the contract is a substitute occupation contract, the landlord may not give notice under section 173 before the end of the period of six months starting with the occupation date of the original contract.

(3) For the purposes of subsection (2)—

(a) an occupation contract is a substitute occupation contract if—

(i) the occupation date of the contract falls immediately after the end of a preceding occupation contract,

(ii) immediately before the occupation date of the contract a contract-holder under the contract was a contract-holder under the preceding contract and a landlord under the contract was a landlord under the preceding contract, and

(iii) the contract relates to the same (or substantially the same) dwelling as the preceding contract, and

(b) “original contract” means—

(i) where the substitute occupation contract has an occupation date falling immediately after the end of a contract which is not a substitute occupation contract, the occupation contract which precedes the substitute occupation contract;

(ii) where there have been successive substitute occupation contracts, the occupation contract which preceded the first of the substitute occupation contracts.

(4) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts, except periodic standard contracts which—

(a) do not incorporate section 173 as a term of the contract, or

(b) are within Schedule 9 (whether or not they incorporate section 173 as a term of the contract),

...

Restrictions on section 173: breach of information requirements

176

Schedule 9A imposes restrictions on the giving of notice under section 173, related to breaches of certain statutory obligations.

Restrictions on section 173: breach of security and deposit requirements

177

(1) Subsections (2) and (3) apply where—

(a) a landlord has given a contract-holder a notice under section 173 (“the first notice”), and

(b) the landlord has subsequently withdrawn the notice (see section 180(3)).

(2) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the first notice was withdrawn, other than in accordance with subsection (3).

(3) The landlord may give one more notice under section 173 to the contract-holder during the period of 28 days starting with the day on which the first notice was given.

(4) Subsection (5) applies where—

(a) a landlord has given a contract-holder a notice under section 173, and

(b) the period for making a possession claim on the ground in section 178 has ended without the landlord having made a claim.

(5) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the last day of the period before the end of which the landlord could have made the claim (see section 179(1)(b)).

(6) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract.

Recovery of possession

178

(1) If the landlord gives the contract-holder a notice under section 173, the landlord may on that ground make a possession claim.

(2) Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling, unless section 217 (retaliatory evictions: standard contracts) applies (and subject to any available defence based on the contract-holder's Convention rights).

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

Restriction on section 178

179

(1) The landlord may not make a possession claim on the ground in section 178—

(a) before the date specified in the notice given by the landlord to the contract-holder under section 173, or

(b) after the end of the period of two months starting with that date.

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

Termination of contract on landlord’s notice

180

(1) If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under section 173, the contract ends on the date specified in the notice.

(2) If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends—

(a) on the day on which the contract-holder gives up possession of the dwelling, or

(b) if an order for possession is made, on the date determined in accordance with section 206.

(3) The notice ceases to have effect if—

(a) before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or

(b) before the contract ends, and after the end of the period of 28 days starting with day on which the notice was given—

(i) the landlord withdraws the notice by giving further notice to the contract-holder, and

(ii) the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.

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

Termination by landlord: serious rent arrears

Serious rent arrears

181

(1) If the contract-holder under a periodic standard contract is seriously in arrears with his or her rent, the landlord may on that ground make a possession claim.

(2) The contract-holder is seriously in arrears with his or her rent—

(a) where the rental period is a week, a fortnight or four weeks, if at least eight weeks' rent is unpaid;

(b) where the rental period is a month, if at least two months' rent is unpaid;

(d) where the rental period is a year, if at least 25% of the rent is more than three months in arrears.

(3) Section 216 provides that the court must (subject to any available defence based on the contract-holder's Convention rights) make an order for possession of the dwelling if it is satisfied that the contract-holder—

(a) was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder the possession notice, and

(b) is seriously in arrears with his or her rent on the day on which the court hears the possession claim.

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

Restrictions on section 181

182

(1) Before making a possession claim on the ground in section 181, the landlord must give the contract-holder a possession notice specifying that ground.

(2) The landlord under a periodic standard contract that is not an introductory standard contract or a prohibited conduct standard contract may not make the claim—

(a) before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice, or

(b) after the end of the period of six months starting with that day.

(3) The landlord under an introductory standard contract or a prohibited conduct standard contract may not make the claim—

(a) before the end of the period of one month starting with the day on which the landlord gives the contract-holder the possession notice, or

(b) after the end of the period of six months starting with that day.

(4) Subsection (1) is a fundamental provision which is incorporated as a term of all periodic standard contracts, and—

(a) subsection (2) is a fundamental provision which is incorporated as a term of all periodic standard contracts that are not introductory standard contracts or prohibited conduct standard contracts;

(b) subsection (3) is a fundamental provision which is incorporated as a term only of introductory standard contracts and prohibited conduct standard contracts.

Termination of periodic standard contracts which were fixed term standard contracts

Relevance of events under fixed term standard contract

183

(1) The landlord under a periodic standard contract which arises under section 184(2) (periodic standard contract arising at end of fixed term) may make a possession claim in reliance on—

(a) a possession notice, ...

(b) a notice under section 186,or

which the landlord gave to the contract-holder before the end of the fixed term contract.

(2) Sections 179 and 180—

(a) apply to a notice under section 186(1) as they apply to a notice under section 173, and

(b) apply to a possession claim made on the ground in section 186(5) in reliance on such a notice as they apply to a possession claim made on the ground in section 178 in reliance on a notice under section 173.

(3) In any possession notice the landlord gives to the contract-holder, the landlord may rely on events which occurred before the end of the fixed term standard contract.

(4) This section is a fundamental provision which is incorporated as a term of periodic standard contracts which arise under section 184(2).

CHAPTER 6 — FIXED TERM STANDARD CONTRACTS: END OF THE FIXED TERM

End of fixed term

184

(1) A fixed term standard contract ends at the end of the term for which it is made.

(2) If the contract-holder remains in occupation of the dwelling after the end of the term, the landlord and the contract-holder are to be treated as having made a new periodic standard contract in relation to the dwelling.

(3) The new contract—

(a) has an occupation date falling immediately after the end of the fixed term, and

(b) has rental periods that are the same as those for which rent was last payable under the fixed term contract.

(4) The fundamental and supplementary provisions applicable to periodic standard contracts are incorporated as terms of the new contract without modification.

(5) Subject to subsections (3) and (4), the new contract has the same terms as the fixed term contract immediately before it ended.

(6) A new occupation contract does not arise as described in subsection (2) if the landlord and the contract-holder have made a new occupation contract in relation to the same (or substantially the same) dwelling which has an occupation date falling immediately after the fixed term contract ends.

(7) If, before or on the occupation date of a new occupation contract arising as described in subsection (2) or (6)—

(a) the contract-holder enters into an obligation to do an act which will cause the new contract to end, or

(b) the contract-holder gives any notice or other document that would, but for this subsection, cause the new contract to end,

the obligation is unenforceable or (as the case may be) the notice or document is of no effect.

(8) The requirement in section 39(1) (landlord must give contract-holder a contact address at start of contract) does not apply in relation to a periodic standard contract arising under subsection (2).

Written statement may address periodic standard contract arising under section 184(2)

185

(1) A written statement of a fixed term standard contract may, as regards the periodic standard contract which may arise under section 184(2) (“the potential contract”), set out what the terms of that contract would be under section 184(3) to (5) by—

(a) identifying the terms of the fixed term standard contract that will not be terms of the potential contract, and setting out the terms that will apply only to the potential contract, or

(b) separately setting out all of the terms of the potential contract.

(2) Where a written statement of a fixed term standard contract addresses the potential contract in accordance with subsection (1)—

(a) the written statement is not incorrect (see section 37) merely because it addresses the potential contract;

(b) the landlord is to be treated as having complied with the requirement in section 31(1) (provision of written statement) in relation to the potential contract, and

(c) the terms of the potential contract may not be enforced against the contract-holder before the occupation date of that contract (and accordingly, section 42 does not apply).

CHAPTER 7 — TERMINATION OF FIXED TERM STANDARD CONTRACTS

End of fixed term: landlord's notice

Landlord’s notice in connection with end of term

186

(1) The landlord under a fixed term standard contract which is within Schedule 9B may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The specified date—

(a) may not be before the last day of the term for which the contract was made, and

(b) may not be less than two months after the day on which the notice is given to the contract-holder.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If the landlord gives the contract-holder a notice under subsection (1), the landlord may on that ground make a possession claim.

(6) Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(7) The landlord may not make a possession claim on that ground before the end of the fixed term standard contract.

(8) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts which are within Schedule 9B.

Termination by landlord: serious rent arrears

Serious rent arrears

187

(1) If the contract-holder under a fixed term standard contract is seriously in arrears with his or her rent, the landlord may on that ground make a possession claim.

(2) The contract-holder is seriously in arrears with his or her rent—

(a) where the rental period is a week, a fortnight or four weeks, if at least eight weeks' rent is unpaid;

(b) where the rental period is a month, if at least two months' rent is unpaid;

(d) where the rental period is a year, if at least 25% of the rent is more than three months in arrears.

(3) Section 216 provides that the court must (subject to any available defence based on the contract-holder's Convention rights) make an order for possession of the dwelling if it is satisfied that the contract-holder—

(a) was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder the possession notice, and

(b) is seriously in arrears with his or her rent on the day on which the court hears the possession claim.

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

Restrictions on section 187

188

(1) Before making a possession claim on the ground in section 187, the landlord must give the contract-holder a possession notice specifying that ground.

(2) The landlord may not make the claim—

(a) before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice, or

(b) after the end of the period of six months starting with that day.

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

Contract-holder's break clause

Contract-holder’s break clause

189

(1) A fixed term standard contract may contain a term enabling the contract-holder to end the contract before the end of the fixed term by giving the landlord notice that he or she will give up possession of the dwelling on a date specified in the notice.

(2) References in this Act to a contract-holder's break clause, in relation to a fixed term standard contract, are to the term mentioned in subsection (1).

Minimum notice period

190

(1) The date specified in a notice under a contract-holder's break clause may not be less than four weeks after the day on which the notice is given to the landlord.

(2) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause.

Recovery of possession

191

(1) If a contract-holder fails to give up possession of the dwelling on the date specified in a notice under a contract-holder's break clause, the landlord may on that ground make a possession claim.

(2) Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(3) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause.

Restrictions on section 191

192

(1) Before making a possession claim on the ground in section 191 the landlord must give the contract-holder a possession notice specifying that ground.

(2) The landlord may make the possession claim on or after the day on which the landlord gives the contract-holder the possession notice.

(3) But the landlord may not make the possession claim after the end of the period of six months starting with that day.

(4) The landlord may not give the contract-holder a possession notice specifying the ground in section 191 after the end of the period of two months starting with the date specified in the notice under the contract-holder's break clause as the date on which the contract-holder would give up possession of the dwelling.

(5) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause.

Termination of contract under contract-holder’s break clause

193

(1) If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under the contract-holder's break clause, the contract ends on the date specified in the notice.

(2) If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends—

(a) on the day on which the contract-holder gives up possession of the dwelling, or

(b) if an order for possession is made, on the date determined in accordance with section 206.

(3) The notice ceases to have effect if, before the contract ends—

(a) the contract-holder withdraws the notice by further notice to the landlord, and

(b) the landlord does not object to the withdrawal in writing before the end of a reasonable period.

(4) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause.

Landlord's break clause

Landlord’s break clause

194

(1) A fixed term standard contract which is within subsection (1A) may contain a term enabling the landlord to end the contract before the end of the fixed term by giving the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

(1A) A fixed term standard contract is within this subsection if—

(a) it is made for a term of two years or more, or

(b) it is within Schedule 9C (whether or not it is made for a term of two years or more).

(2) References in this Act to a landlord's break clause, in relation to a fixed term standard contract, are to the term mentioned in subsection (1).

Minimum notice period

195

(1) The date specified in a notice under a landlord's break clause may not be less than six months after the day on which the notice is given to the contract-holder.

(2) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—

(a) do not have a landlord's break clause, or

(b) are within Schedule 8A (whether or not they have a landlord's break clause).

Restrictions on use of landlord’s break clause: first four months of occupation

196

(1) The landlord may not give notice under a landlord's break clause before the end of the period of 18 months starting with the occupation date of the contract.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—

(a) do not have a landlord's break clause, or

(b) are within Schedule 9 (whether or not they have a landlord's break clause),

...

Restrictions on use of landlord’s break clause: breach of information requirements

197

Schedule 9A imposes restrictions on the giving of notice under a landlord's break clause, related to breaches of certain statutory obligations.

Restrictions on use of landlord’s break clause: security and deposit requirements

198

(1) Subsection (2) applies where—

(a) a landlord (having given a contract-holder a notice under a landlord's break clause) has made a possession claim on the ground in section 199, and

(b) the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).

(2) The landlord may not give another notice under a landlord's break clause to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.

(3) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.

Recovery of possession

199

(1) If the landlord gives the contract-holder a notice under the landlord's break clause, the landlord may on that ground make a possession claim.

(2) Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling, unless section 217 (retaliatory evictions) applies (and subject to any available defence based on the contract-holder's Convention rights).

(3) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.

Restriction on section 199

200

(1) The landlord may not make a possession claim on the ground in section 199—

(a) before the date specified in the notice given by the landlord to the contract-holder under the landlord's break clause, or

(b) after the end of the period of two months starting with that date.

(2) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.

Termination of contract under landlord’s break clause

201

(1) If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under the landlord's break clause, the contract ends on the date specified in the notice.

(2) If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends—

(a) on the day on which the contract-holder gives up possession of the dwelling, or

(b) if an order for possession is made, on the date determined in accordance with section 206.

(3) The notice ceases to have effect if—

(a) before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or

(b) before the contract ends, and after the end of the period of 28 days starting with the day on which the notice was given—

(i) the landlord withdraws the notice by giving further notice to the contract-holder, and

(ii) the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.

(4) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.

CHAPTER 8 — REVIEW BY LANDLORD OF DECISION TO GIVE NOTICE REQUIRING POSSESSION

Review of decision to terminate introductory standard contract or prohibited conduct standard contract

202

(1) This section applies only in relation to introductory standard contracts and prohibited conduct standard contracts.

(2) If the landlord decides to give a contract-holder a notice under section 173 (landlord's notice) or a possession notice specifying the ground in section 181 (serious rent arrears), the contract-holder may request that the landlord carries out a review of that decision.

(3) A request for a review must be made to the landlord before the end of the period of 14 days (or such longer period as the landlord may allow in writing) starting with the day on which the landlord gives the contract-holder the notice.

Landlord’s review of decision to give a notice

203

(1) If the contract-holder, in accordance with section 202, requests a review of the landlord's decision to give a notice, the landlord must carry out the review.

(2) Following a review, the landlord may—

(a) confirm the decision to give the notice, or

(b) reverse the decision.

(3) The landlord must notify the contract-holder of the outcome of the review before the date after which the landlord is able to make a possession claim.

(4) If the landlord confirms the decision, the notice must set out the reasons for the confirmation.

(5) The Welsh Ministers may prescribe the procedure to be followed in connection with a review under this section.

(6) Regulations under subsection (5) may, amongst other things—

(a) require the review to be carried out by a person of appropriate seniority who has not been involved in the decision, and

(b) set out circumstances in which a contract-holder is entitled to an oral hearing, and whether and by whom he or she may be represented at such a hearing.

CHAPTER 9 — POSSESSION CLAIMS: POWERS OF COURT

Possession claims

204

(1) The court may not hear a possession claim made by the landlord under an occupation contract—

(a) if the landlord has failed to act in accordance with whichever of the following provisions apply—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) section 159 (restrictions on making a possession claim following breach of contract);

(iii) section 161 (restrictions on making a possession claim on estate management grounds);

(iv) section 166 (restrictions on making a possession claim following contract-holder's notice: secure contracts);

(v) section 171 (restrictions on making a possession claim following contract-holder's notice: periodic standard contracts);

(vi) section 175 (restriction on giving landlord's notice under a periodic standard contract until after the first six months of occupation);

(vii) sections 177, 177A and 179 (restrictions relating to landlord's notice: periodic standard contracts);

(viii) section 182 (restrictions on making a possession claim following serious rent arrears: periodic standard contracts);

(ix) section 186 (restrictions relating to notice in connection with the end of fixed term);

(x) section 188 (restrictions on making a possession claim following serious rent arrears: fixed term standard contracts);

(xi) section 192 (restrictions on making a possession claim following use of contract-holder's break clause in a fixed term standard contract);

(xii) section 196 (restriction on use of landlord's break clause in a fixed term standard contract until after the first 18 months of occupation);

(xiii) sections ... 198 and 200 (restrictions relating to landlord's break clause in a fixed term standard contract);

(xiv) section 203 (review of a decision to give a notice requiring possession: introductory standard contracts and prohibited conduct standard contracts),

(xv) Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause: breach of statutory obligations), or

(b) if the landlord was required to give a possession notice and has failed to comply with section 150 or (in relation to an introductory standard contract or a prohibited conduct standard contract) section 151.

(2) Subsection (1) does not apply if the court considers it reasonable to dispense with the requirements mentioned in that subsection.

(3) Subsection (1) does not apply to an application for an order for possession against a sub-holder under section 65(2) (extended possession order).

Orders for possession

205

(1) The court may make an order requiring the contract-holder under an occupation contract to give up possession of the dwelling only on one or more of the grounds in—

(a) section 157 (breach of contract);

(b) section 160 (estate management);

(d) section 170 (contract-holder's notice: periodic standard contracts);

(e) section 178 (landlord's notice: periodic standard contracts);

(f) section 181 (serious rent arrears: periodic standard contracts);

(g) section 186 (landlord's notice in connection with end of fixed term);

(h) section 187 (serious rent arrears: fixed term standard contracts);

(i) section 191 (contract-holder's notice: fixed term standard contracts);

(j) section 199 (landlord's notice: fixed term standard contracts).

(2) Where the landlord is required to give the contract-holder a possession notice, the court may not make an order for possession on a ground that is not specified in the landlord's possession notice.

(3) But the court may allow the ground (or grounds) specified in the possession notice to be altered or added to at any time before the court makes an order for possession.

Effect of order for possession

206

(1) If the court makes an order requiring the contract-holder under an occupation contract to give up possession of the dwelling on a date specified in the order, the contract ends—

(a) if the contract-holder gives up possession of the dwelling on or before that date, on that date,

(b) if the contract-holder gives up possession of the dwelling after that date but before the order for possession is executed, on the day on which he or she gives up possession of the dwelling, or

(c) if the contract-holder does not give up possession of the dwelling before the order for possession is executed, when the order for possession is executed.

(2) Subsection (3) applies if—

(a) it is a condition of the order that the landlord must offer a new occupation contract in respect of the same dwelling to one or more joint contract-holders (but not all of them), and

(b) that joint contract-holder (or those joint contract-holders) continue to occupy the dwelling on and after the occupation date of the new contract.

(3) The occupation contract in relation to which the order for possession was made ends immediately before the occupation date of the new contract.

(4) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

Participation in proceedings

207

(1) A person occupying a dwelling subject to an occupation contract who has home rights is entitled, so long as the person remains in occupation—

(a) to be a party to any proceedings on a possession claim relating to the dwelling, or in connection with an order for possession of the dwelling, or

(b) to seek an adjournment, postponement, stay or suspension under section 211, 214 or 219.

(2) “Home rights” has the meaning given by section 30(2) of the Family Law Act 1996 (c. 27).

Misrepresentation or concealment of facts used to obtain order for possession

208

(1) This section applies if, after the landlord under an occupation contract obtains an order for possession against the contract-holder, the court is satisfied that the order was obtained by misrepresentation or concealment of material facts.

(2) The court may order the landlord to pay to the contract-holder such sum as appears sufficient compensation for damage or loss sustained by the contract-holder as a result of the order.

CHAPTER 10 — POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO DISCRETIONARY GROUNDS

Breach of contract ground

209

(1) This section applies if the landlord under an occupation contract makes a possession claim on the ground in section 157 (breach of contract).

(2) The court may not make an order for possession on that ground unless it considers it reasonable to do so.

(3) The court is not prevented from making an order for possession on that ground merely because the contract-holder ceased to be in breach of the contract before the landlord made the possession claim.

(4) Schedule 10 makes provision as regards the reasonableness of making an order for possession.

Estate management grounds

210

(1) This section applies if the landlord under an occupation contract makes a possession claim under section 160 on one or more of the estate management grounds.

(2) The court may not make an order for possession on that ground (or those grounds) unless—

(a) it considers it reasonable to do so, and

(b) it is satisfied that suitable alternative accommodation is available to the contract-holder (or will be available to the contract-holder when the order takes effect).

(3) Schedule 10 makes provision as regards the reasonableness of making an order for possession.

(4) Whether suitable alternative accommodation is, or will be, available to the contract-holder is to be determined in accordance with Schedule 11.

(5) If the landlord makes a possession claim on estate management Ground B and the redevelopment scheme is approved under Part 2 of Schedule 8 subject to conditions, the court may not make an order for possession unless it is satisfied that the conditions are or will be met.

(6) If the court makes an order for possession and the landlord is required to pay the contract-holder a sum under section 160(4), the sum payable—

(a) if not agreed between the landlord and contract-holder, is to be determined by the court, and

(b) is recoverable from the landlord as a civil debt.

Powers to adjourn proceedings and postpone giving up of possession

211

(1) If a landlord's possession claim relies on the ground in section 157 (breach of contract) or on one or more of the estate management grounds, the court may adjourn proceedings on the claim for such period or periods as it considers reasonable.

(2) If the court makes an order for possession under section 209 or 210, it may (on making the order or at any time before the order is executed) postpone the giving up of possession for such period or periods as it thinks fit.

(3) The giving up of possession may be postponed by the order for possession, or by suspending or staying execution of the order for possession.

(4) On an adjournment or postponement under this section, the court must impose conditions as regards—

(a) payment by the contract-holder of arrears of rent (if any), and

(b) continued payment of rent (if any),

unless it considers that to do so would cause exceptional hardship to the contract-holder or would otherwise be unreasonable.

(5) The court may impose any other conditions it thinks fit.

(6) If the contract-holder complies with the conditions, the court may discharge the order for possession.

(7) Schedule 10 makes provision as regards the reasonableness of an adjournment or postponement.

CHAPTER 11 — POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS

Contract-holder’s notice ground

212

(1) This section applies if—

(a) the landlord under a secure contract makes a possession claim on the ground in section 165 (contract-holder's notice), and

(b) the court is satisfied that the ground is made out.

(2) The court must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(3) This section is subject to section 213 (review by the county court).

Review of claim made on absolute ground

213

(1) This section applies if a landlord under a secure contract makes a possession claim in the county court on the ground in section 165 (contract-holder fails to give up possession following a contract-holder's notice), and—

(a) the landlord is a community landlord, or

(b) the landlord's decision to make a possession claim on that ground is subject to judicial review.

(2) The contract-holder may make an application in the possession proceedings for a review by the county court of the landlord's decision to make the claim.

(3) The county court may confirm or quash the decision.

(4) In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review.

(5) If the county court quashes the decision it may—

(a) set aside the possession notice and dismiss the possession proceedings;

(b) make any order the High Court could make when making a quashing order on an application for judicial review.

(6) The contract-holder may not make an application under subsection (2) after an order for possession has been made in respect of the dwelling.

Powers to postpone giving up of possession

214

(1) This section applies if the court makes an order for possession of a dwelling under section 212.

(2) The court may not postpone the giving up of possession to a date later than 14 days after the making of the order, unless it appears to the court that exceptional hardship would be caused if the giving up of possession were not postponed to a later date.

(3) The giving up of possession may not in any event be postponed to a date later than six weeks after the making of the order.

(4) The giving up of possession may be postponed by the order for possession, or by suspending or staying execution of the order for possession.

CHAPTER 12 — POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS

Absolute grounds for possession relating to standard contracts

Notice grounds

215

(1) Subsection (2) applies if—

(a) the landlord under a standard contract makes a possession claim on the ground in section 170 or 191 (contract-holder's notice) or section 186 (landlord's notice in connection with end of fixed term), and

(b) the court is satisfied that the ground is made out.

(2) The court must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(3) Subsection (4) applies if—

(a) the landlord under a standard contract makes a possession claim on the ground in section 178 or 199 (landlord's notice), and

(b) the court is satisfied that the ground is made out.

(4) The court must make an order for possession of the dwelling unless section 217 (retaliatory evictions) applies (and subject to any available defence based on the contract-holder's Convention rights).

(5) This section is subject to section 218 (review by the county court).

Serious rent arrears grounds

216

(1) This section applies if the landlord under a standard contract makes a possession claim on the ground in section 181 or 187 (serious rent arrears).

(2) If the court is satisfied that the contract-holder—

(a) was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder a possession notice, and

(b) is seriously in arrears with his or her rent on the day on which the court hears the possession claim,

it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(3) Section 181(2) or (as the case may be) section 187(2) applies for determining whether a contract-holder is seriously in arrears with his or her rent.

(4) This section is subject to section 218 (review by the county court).

Retaliatory eviction: absolute ground that becomes a discretionary ground

Retaliatory possession claims to avoid obligations to repair etc.

217

(1) This section applies if—

(a) a landlord under a standard contract makes a possession claim on the ground in section 178 or section 199 (landlord's notice), and

(b) the court considers that the claim is a retaliatory claim.

(2) The court may refuse to make an order for possession.

(3) A possession claim is a retaliatory claim if—

(a) the contract-holder has enforced or relied on the landlord's obligations under section 91 or 92, and

(b) the court is satisfied that the landlord has made the possession claim to avoid complying with those obligations.

(4) The Welsh Ministers may by regulations amend this section for the purpose of providing for further descriptions of retaliatory claim.

Review and postponement

Review of claim made on absolute ground

218

(1) This section applies if a landlord under a standard contract makes a possession claim in the county court on a ground in a section to which subsection (2) applies, and—

(a) the landlord is a community landlord, or

(b) the landlord's decision to make a possession claim on that ground is subject to judicial review.

(2) This subsection applies to the following sections—

(a) section 170 (contract-holder's notice: periodic standard contracts),

(b) section 178 (landlord's notice: periodic standard contracts),

(d) section 186 (landlord's notice in connection with end of fixed term),

(e) section 187 (serious rent arrears: fixed term standard contracts),

(f) section 191 (contract-holder's notice: fixed term standard contracts), and

(g) section 199 (landlord's notice: fixed term standard contracts).

(3) The contract-holder may make an application in the possession proceedings for a review by the county court of the landlord's decision to make the claim.

(4) The contract-holder may make an application under this section regardless of whether he or she requested a review by the landlord under section 202 (introductory standard contracts and prohibited conduct standard contracts).

(5) The contract-holder may not make an application under this section on the ground that the possession claim was a retaliatory claim (within the meaning of section 217).

(6) The county court may confirm or quash the decision to make the claim.

(7) In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review.

(8) If the county court quashes the decision it may—

(a) set aside the possession notice or (as the case may be) the landlord's notice and dismiss the possession proceedings;

(b) make any order the High Court could make when making a quashing order on an application for judicial review.

(9) The contract-holder may not make an application under subsection (3) after an order for possession has been made in respect of the dwelling.

Powers to postpone giving up of possession

219

(1) This section applies if the court makes an order for possession of a dwelling under section 215 or 216.

(2) The court may not postpone the giving up of possession to a date later than 14 days after the making of the order, unless it appears to the court that exceptional hardship would be caused if the giving up of possession were not postponed to a later date.

(3) The giving up of possession may not in any event be postponed to a date later than six weeks after the making of the order.

(4) The giving up of possession may be postponed by the order for possession, or by suspending or staying execution of the order for possession.

CHAPTER 13 — ABANDONMENT

Possession of abandoned dwellings

220

(1) If the landlord under a relevant occupation contract believes that the contract-holder has abandoned the dwelling, the landlord may recover possession of the dwelling in accordance with this section.

(2) An occupation contract is relevant if it is a term of the contract (however expressed) that the contract-holder must occupy the dwelling as his or her only or principal home.

(3) The landlord must give the contract-holder notice—

(a) stating that the landlord believes that the contract-holder has abandoned the dwelling,

(b) requiring the contract-holder to inform the landlord in writing before the end of the warning period if the contract-holder has not abandoned the dwelling, and

(c) informing the contract-holder of the landlord's intention to end the contract if at the end of the warning period the landlord is satisfied that the contract-holder has abandoned the dwelling.

(4) During the warning period the landlord must make such inquiries as are necessary to satisfy the landlord that the contract-holder has abandoned the dwelling.

(5) At the end of the warning period the landlord may, if satisfied as described in subsection (4), end the contract by giving the contract-holder a notice.

(6) The contract ends when the notice under subsection (5) is given to the contract-holder.

(7) If an occupation contract is ended under this section the landlord may recover possession of the dwelling without court proceedings.

(8) The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to the contract-holder.

(9) The landlord must give a copy of a notice under subsection (3) and a copy of a notice under subsection (5) to any lodger or sub-holder of the contract-holder.

Disposal of property

221

(1) The Welsh Ministers may by regulations make provision in connection with safeguarding property (other than the landlord's property) that is in the dwelling when a contract ends under section 220, and delivering it to its owner.

(2) The regulations may, amongst other things—

(a) provide that delivery of property is conditional on payment of expenses incurred by the landlord;

(b) authorise the disposal of property after a prescribed period;

(c) allow the landlord to apply any proceeds from selling property in satisfaction of expenses incurred by the landlord and amounts due from the contract-holder under the contract.

Contract-holder’s remedies

222

(1) A contract-holder may, before the end of the period of six months starting with the day on which he or she is given notice under section 220(5), apply to the court on a ground in subsection (2) for a declaration or order under subsection (3).

(2) The grounds are—

(a) that the landlord failed to give notice under section 220(3) or failed to make the inquiries required by section 220(4);

(b) that the contract-holder had not abandoned the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 220(3);

(c) that when the landlord gave the notice to the contract-holder under section 220(5) the landlord did not have reasonable grounds for being satisfied that the contract-holder had abandoned the dwelling.

(3) If the court finds that one or more of the grounds is made out it may—

(a) make a declaration that the notice under section 220(5) is of no effect and the occupation contract continues to have effect in relation to the dwelling,

(b) order the landlord to provide suitable alternative accommodation to the contract-holder, or

(4) If the court does either of the things mentioned in paragraph (a) or (b) of subsection (3), it may make such further order as it thinks fit.

(5) The suitability of alternative accommodation is to be determined in accordance with Schedule 11.

Power to vary periods of time relating to abandonment

223

The Welsh Ministers may by regulations—

(a) amend section 220(8) by substituting a different period of time for the period for the time being referred to;

(b) amend section 222(1) by substituting a different period of time for the period for the time being referred to.

Rights of entry

224

(1) Subsection (2) applies if the landlord under a relevant occupation contract reasonably believes that the contract-holder has abandoned the dwelling.

(2) The landlord may enter the dwelling at any time in order to make it secure or to safeguard its contents and any fixtures or fittings, and may use reasonable force to do so.

(3) An occupation contract is relevant if it is a term of the contract (however expressed) that the contract-holder must occupy the dwelling as his or her only or principal home.

CHAPTER 14 — JOINT CONTRACT-HOLDERS: EXCLUSION AND TERMINATION

Exclusion of joint contract-holders

Non-occupation: exclusion by landlord

225

(1) If the landlord under an occupation contract believes that a joint contract-holder who is required to occupy the dwelling (“J”)—

(a) does not occupy the dwelling, and

(b) does not intend to occupy it,

the landlord may end J's rights and obligations in accordance with this section.

(2) A joint contract-holder is required to occupy the dwelling if it is a term of the contract (however expressed) that he or she must occupy the dwelling as his or her only or principal home.

(3) The landlord must give J notice—

(a) stating that the landlord believes that J does not occupy, and does not intend to occupy, the dwelling,

(b) requiring J to inform the landlord in writing before the end of the warning period if J occupies or intends to occupy the dwelling, and

(c) informing J of the landlord's intention to end J's rights and obligations under the contract if at the end of the warning period the landlord is satisfied that J does not occupy, and does not intend to occupy, the dwelling.

(4) The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to J.

(5) During the warning period the landlord must make such inquiries as are necessary to satisfy the landlord that J does not occupy the dwelling and does not intend to occupy it.

(6) At the end of the warning period the landlord may, if satisfied as described in subsection (5), end J's rights and obligations under the contract by giving him or her a notice.

(7) J ceases to be a party to the contract at the end of the period of eight weeks starting with the day on which he or she is given notice under subsection (6).

(8) The landlord must give a copy of a notice under subsection (3) and (if one was given to J) a copy of a notice under subsection (6) to each of the other joint contract-holders.

Remedies for exclusion under section 225

226

(1) J may, before the end of the period of eight weeks starting with the day on which he or she is given notice under section 225(6), apply to the court on a ground in subsection (2) for a declaration under subsection (3).

(2) The grounds are—

(a) that the landlord failed to give notice under section 225(3) or failed to make the inquiries required by section 225(5);

(b) that J occupied, or intended to occupy, the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 225(3);

(c) that when the landlord gave the notice to J under section 225(6) the landlord did not have reasonable grounds for being satisfied that J did not occupy, and did not intend to occupy, the dwelling.

(3) If the court finds that one or more of the grounds are made out it may—

(a) make a declaration that the notice under section 225(6) is of no effect and that J continues to be a party to the contract, and

(b) make such further order as it thinks fit.

Non-occupation: exclusion by joint contract-holder

227

(1) If a joint contract-holder (“C”) believes that another joint contract-holder (“J”) who is required under an occupation contract to occupy the dwelling—

(a) does not occupy the dwelling, and

(b) does not intend to occupy it,

J's rights and obligations under the contract may be ended in accordance with this section.

(2) A joint contract-holder is required to occupy the dwelling if it is a term of the contract (however expressed) that he or she must occupy the dwelling as his or her only or principal home.

(3) C must give J notice—

(a) stating that C believes that J does not occupy, and does not intend to occupy, the dwelling,

(b) requiring J to inform C in writing before the end of the warning period if J occupies or intends to occupy the dwelling, and

(c) informing J that if at the end of the warning period C is satisfied that J does not occupy, and does not intend to occupy, the dwelling, J's rights and obligations under the contract may be ended.

(4) C must give a copy of a notice under subsection (3)—

(a) to the landlord, and

(b) if there are joint contract-holders other than C and J, to each of those other joint contract-holders.

(5) During the warning period C must make such inquiries as are necessary to satisfy himself or herself that J does not occupy the dwelling and does not intend to occupy it.

(6) At the end of the warning period C may, if satisfied as described in subsection (5), apply to the court for an order ending J's rights and obligations under the occupation contract.

(7) If the court is satisfied that J does not occupy, and does not intend to occupy, the dwelling, it may make the order applied for under subsection (6).

(8) But it may not make the order if the fact that J does not occupy, and does not intend to occupy, the dwelling is attributable to C or another joint contract-holder failing to comply with section 55 (anti-social behaviour and other prohibited conduct).

(9) If the court makes the order, J ceases to be a party to the contract on the date specified in the order.

(10) The warning period is the period of four weeks starting with the day on which a notice under subsection (3) is given to J.

Remedies for exclusion under section 227

228

(1) Subsection (2) applies if the court makes an order under section 227(7) ending J's rights and obligations under the occupation contract.

(2) J may, before the end of the period of six months starting with the day on which the order is made, apply to the court on a ground in subsection (3) for an order and declaration under subsection (4)(a).

(3) The grounds are—

(a) that C failed to give notice under section 227(3) or failed to make the inquiries required by section 227(5);

(b) that J occupied or intended to occupy the dwelling and there is a good reason for his or her failure to respond (or to respond adequately) to the notice under section 227(3);

(c) that when C applied to the court he or she did not have reasonable grounds for being satisfied that J did not occupy, and did not intend to occupy, the dwelling.

(4) If the court finds that one or more of the grounds is made out it may—

(a) by order rescind its order under section 227, and declare that J continues to be a party to the occupation contract, and

(b) make such further order as it thinks fit.

Power to vary periods of time relating to exclusion of joint contract-holder

229

The Welsh Ministers may by regulations—

(a) amend section 225(4) by substituting a different period of time for the period for the time being referred to;

(b) amend section 226(1) by substituting a different period of time for the period for the time being referred to;

(d) amend section 228(2) by substituting a different period of time for the period for the time being referred to.

Prohibited conduct: exclusion by landlord

230

(1) If the landlord under an occupation contract believes that a joint contract-holder (“J”) is in breach of section 55 (anti-social behaviour and other prohibited conduct), J's rights and obligations under the contract may be ended in accordance with this section.

(2) The landlord must give J a notice—

(a) stating that the landlord believes that J is in breach of section 55,

(b) specifying particulars of the breach, and

(3) The landlord must give a notice to the other joint contract-holders stating that the landlord—

(a) believes that J is in breach of section 55, and

(b) will apply to the court for an order ending J's rights and obligations under the contract.

(4) The landlord may apply to the court for an order ending J's rights and obligations under the contract at any time before the end of the period of six months starting with the day on which the landlord gives J the notice under subsection (2).

(5) The court may make such an order if it would have made an order for possession against J, had the circumstances been those mentioned in subsection (6).

(6) The circumstances are that—

(a) J was the sole contract-holder under the contract, and

(b) the landlord had made a possession claim against J on the ground that J was in breach of section 55.

(7) If the court makes the order, J ceases to be a party to the contract on the date specified in the order.

Termination

Termination of occupation contract with joint contract-holders

231

(1) If there are joint contract-holders under an occupation contract, the contract cannot be ended by the act of one or more of the joint contract-holders acting without the other joint contract-holder or joint contract-holders.

(2) This section is a fundamental provision which is incorporated as a term of all occupation contracts.

CHAPTER 15 — FORFEITURE AND NOTICES TO QUIT NOT AVAILABLE

Forfeiture and notices to quit

232

(1) A landlord under an occupation contract may not rely on—

(a) any provision in the contract for re-entry or forfeiture, or

(b) any enactment (other than this Act or an enactment made under it) or rule of law as to re-entry or forfeiture.

(2) A landlord under an occupation contract may not serve a notice to quit.

(3) Accordingly any provision in an occupation contract for re-entry or forfeiture, or relating to a landlord's notice to quit or the circumstances in which such a notice may be served, is of no effect.

PART 10 — MISCELLANEOUS

CHAPTER 1 — FURTHER PROVISIONS RELATING TO OCCUPATION CONTRACTS

Effect of reaching 18

233

(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

(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.

Consultation obligations of community landlords

Consultation arrangements

234

(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).

Statement of consultation arrangements

235

(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

Form of notices, statements and other documents

236

(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).

Giving notices, statements and other documents

237

(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

(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

(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.

CHAPTER 2 — TRESPASSERS: IMPLIED TENANCIES AND LICENCES

Implied tenancies and licences

238

(1) This section applies if—

(a) a dwelling which is not subject to an occupation contract is occupied as a home by a person (“T”) who is a trespasser in relation to that dwelling, and

(b) T makes payments in respect of his or her occupation of the dwelling to a person (“P”) who would be entitled (whether alone or jointly) to bring proceedings to evict T as a trespasser.

(2) If P accepts such payments from T—

(a) knowing that T is a trespasser in relation to the dwelling, or

(b) at a time when P ought reasonably to know that T is a trespasser in relation to the dwelling,

P is to be treated as having made a periodic contract with T immediately after the end of the relevant period.

(3) The relevant period is the period of two months starting with the day on which P first accepts a payment from T as mentioned in subsection (2).

(4) Subsection (2) does not apply if before the end of the relevant period P brings proceedings to evict T as a trespasser or otherwise shows an intention to treat T as a trespasser.

(5) A contract under subsection (2) is either a tenancy or a licence.

(6) The tenancy or licence entitles T to occupy the dwelling as a home from the day immediately after the last day of the relevant period.

(7) The amount of rent and rental periods are to be determined having regard to the amount and frequency of the payment or payments made by T and any other relevant circumstances.

(8) A tenancy or licence under which T is entitled to occupy the dwelling as a home may not be implied except as provided in this section; but nothing in this section prevents P and T expressly making such a tenancy or licence before the end of the relevant period.

CHAPTER 3 — TENANCIES AND LICENCES EXISTING BEFORE COMMENCEMENT OF THIS CHAPTER

Abolition of assured, secure and other tenancies

239

(1) On and after the appointed day, no tenancy or licence (whenever made) can be—

(a) a restricted contract;

(b) a protected shorthold tenancy;

(d) an assured tenancy (including an assured shorthold tenancy);

(e) an introductory tenancy;

(f) a demoted tenancy.

(2) If, immediately before the appointed day, the landlord under a protected or statutory tenancy might have recovered possession of the dwelling-house subject to the tenancy under Case 19 of Schedule 15 to the Rent Act 1977 (c. 42) (former protected shorthold tenancies), the tenancy ceases to be a protected or statutory tenancy on the appointed day.

(3) Nothing in this section ends a tenancy or licence within subsection (1) or (2).

Conversion of tenancies and licences existing before commencement of Chapter

240

(1) For the purposes of determining the matters in subsection (2), a tenancy or licence which existed immediately before the appointed day is to be treated as if it were made on the appointed day.

(2) The matters are—

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

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

(3) Subsections (4) to (7) apply to a tenancy or licence which becomes an occupation contract on the appointed day.

(4) The fundamental provisions applicable to the contract are incorporated as terms of the contract.

(5) The existing terms of the contract continue to have effect, except to the extent that they—

(a) are incompatible with a fundamental provision incorporated as a term of the contract, or

(b) are terms of the contract because of an enactment repealed or revoked under this Act.

(6) The supplementary provisions applicable to the contract are incorporated as terms of the contract, except to the extent that they are incompatible with the existing terms of the contract.

(7) This section is subject to Schedule 12 (which makes further provision about existing tenancies and licences, modifies the application of this Act, and includes a fundamental provision incorporated into certain standard contracts).

Pre-existing contracts

241

(1) This section applies where, on or after the appointed day, a tenancy or licence is made in pursuance of a contract made before the day on which the order specifying the appointed day is made by the Welsh Ministers.

(2) Section 240 and Schedule 12 apply to the tenancy or licence as if—

(a) the day on which it is made is the appointed day, and

(b) immediately before that day it was a tenancy or licence of the kind it would have been on that day but for this Act.

(3) Paragraphs 2(3), 4(1) and (3), 11, 12, 13 and 23(3) and (7) of Schedule 12 do not apply in relation to the tenancy or licence.

Interpretation of Chapter

242

In this Chapter—

“the appointed day” (“y diwrnod penodedig”) is the day appointed under section 257 as the day on which section 239 comes into force;

“assured shorthold tenancy” (“tenantiaeth fyrddaliol sicr”) has the same meaning as in the Housing Act 1988 (c. 50);

“assured tenancy” (“tenantiaeth sicr”) has the same meaning as in the Housing Act 1988 (and includes an assured shorthold tenancy);

“demoted tenancy” (“tenantiaeth isradd”) means a tenancy to which section 143A of the Housing Act 1996 (c. 52) applies;

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