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The Renting Homes (Explanatory Information for Written Statements of Occupation Contracts) (Wales) Regulations 2022

Consolidated Text As Enacted Cited authorities 12 Cited in Related
Vincent
JurisdictionWales
CitationSI 2022/22 (W10)
Year2022
  • The title of these Regulations is the Renting Homes (Explanatory Information for Written Statements of Occupation Contracts) (Wales) Regulations 2022 and they come into force on
    • (1) In these Regulations, “the Act” means the Renting Homes (Wales) Act 2016.(2) The words and expressions used in these Regulations have the same meaning as they have in the Act.
  • the status of the document (i.e., that it is a written statement of the occupation contract) ,
  • the short title of the Act under which the occupation contact is made,
  • “occupation date”, and
  • “key matters”,
  • that these are provisions of the Act or of any other enactment that the Welsh Ministers specify are fundamental terms that are automatically incorporated as terms of the occupation contract;
  • that some of the fundamental provisions cannot be omitted or modified and must reflect the wording in the Act apart from editorial changes
  • that where the contract is a converted contract
  • that these are provisions set out in regulations made by Welsh Ministers, which are also automatically incorporated, except where the contract is a converted contract, as terms of the occupation contract unless they are omitted or modified as described in paragraph (cc) or (dd) ;
  • that where the contract is a converted contract, those supplementary terms that are incompatible with the terms of the contract prior to its conversion to an occupation contract, will not be incorporated into the occupation contract;
  • that the supplementary terms can be omitted or modified, subject to the agreement of the landlord and contract-holder, either to improve the position of the landlord or the contract-holder, provided that the omission or modification would not make a supplementary term incompatible with a fundamental term;
  • that where the contract is a converted contract, once the landlord has given the contract-holder a written statement of occupation contract the supplementary terms can be omitted or modified as described in paragraph (cc) ;
  • that these can cover any other matter, provided they do not conflict with a key matter, a fundamental term or a supplementary term;
  • that these are agreed by the landlord and contract-holder;
  • that where the contract is a converted contract, these are existing terms of the contract, which were agreed by the contract-holder and the landlord and included in the contract prior to the conversion to an occupation contract, which would continue to have effect except where they are incompatible with a fundamental provision incorporated as a term of the occupation contract,
  • that if any fundamental or supplementary provisions have not been incorporated as terms of the occupation contract, the method by which these are identified in the written statement
  • 14 days of the occupation date
  • where the contract is a converted contract, within six months of the date the contract converted to an occupation contract
  • that for each day that the written statement of the occupation contract is late, the landlord may be liable to pay the contract-holder compensation equivalent to a day’s rent for each day the written statement is not provided, up to a maximum of two months’ rent unless the landlord’s failure to provide a written statement was intentional
  • that the written statement of the occupation contract can be provided electronically if the contract-holder has agreed to receive the written statement in an electronic form
  • that the written statement of the occupation contract sets out the rights and responsibilities of the contract-holder and the landlord,
  • that the contract-holder should read the terms of the written statement of the occupation contract to ensure they fully understand them, and they are content they reflect the modifications to terms or additional terms agreed between the contract-holder and landlord,
  • that the contract-holder should keep the written statement of the occupation contract safe as they may need to refer to it in the future,
  • on the website provided by the Welsh Government,
  • from advice agencies such as the Citizens Advice Bureau or Shelter Cymru, or
  • from independent legal advisors,
  • that disputes regarding the terms of the occupation contract may be determined in the county court,
  • that if a contract-holder has an issue with the dwelling they should first contact their landlord to try and resolve it but if this is not successful then advice agencies, such as the Citizens Advice Bureau or Shelter Cymru or independent legal advisors, may be able to assist,
  • that any additional term, or modification to a supplementary term, that is incorporated in the occupation contract is not binding on the contract-holder if it is an unfair term under section 62 (requirement for contract terms and notices to be fair) of the Consumer Rights Act 2015
  • that the contract-holder cannot be evicted without a court order, unless they abandon the dwelling,
  • that the contract-holder has important rights relating to how they can use the dwelling, although some of these rights are subject to obtaining the landlord’s consent,
  • that the contract-holder can be held responsible for any anti-social behaviour or other prohibited conduct
  • excessive noise,
  • verbal abuse,
  • physical assault, and
  • domestic abuse (including physical, sexual, psychological, emotional or financial abuse) ,
  • that a succession right may apply to someone who lives in the dwelling with the contract-holder,
  • that the contract-holder must not allow the dwelling to become overcrowded by permitting more persons to live in the dwelling than the maximum number allowed, and
  • that Part 10 of the Housing Act 1985 (overcrowding)
  • Regulations 5 to 9 prescribe the explanatory information which must be contained in the written statement of specified types of occupation contract.
  • that the contract-holder’s contract is periodic and continues from one rental period to the next (typically monthly, weekly or quarterly) ;
  • the contract-holder has broken one or more terms of the occupation contract (which include, failure to pay rent, engaging in or threatening to engage in anti-social behaviour or other prohibited conduct, or failing to take proper care of the dwelling) and it is reasonable to evict them;
  • the contract-holder is in serious rent arrears (for example where the rental period is a month, at least two months’ rent is unpaid) ;
  • the landlord needs to move the contract-holder and one of the estate management grounds under section 160 (estate management grounds) of the Act applies, suitable alternative accommodation is, or will be, available when the order takes effect and it is reasonable to evict them;
  • no restrictions on giving notice under section 173 of the Act apply, including the restrictions set out in section 75 (other consequences of operating unlicensed HMOs: restriction on terminating tenancies) and section 98 (other consequences of operating unlicensed houses: restriction on terminating tenancies) of the Housing Act 2004

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