Table of Contents Introduction ............................................................................................... 2 PART 1 - The main types of occupation arrangements ........................................3 What is an Occupation Contract? .....................................................................3 Characteristics of all occupation contract .........................................................4 The rights of all contract-holders ......................................................................4 The types of occupation contracts ....................................................................5 Secure Contracts ...........................................................................................6 Standard Contracts .......................................................................................7 i.) Periodic Standard Contracts ...............................................................7 ii.) Fixed Standard Contracts ....................................................................8 Glossary of key terms used in Part 1 ................................................................9 Part 2 – Termination, Possession proceedings and Defences................... 11 Grounds for possession – all types of contracts ................................................. 11 Grounds for possession – Secure contracts........................................................ 12 Grounds for possession – Periodic Standard contracts ...................................... 13 Grounds for possession – Fixed Standard contracts ........................................... 13 Defences to Termination and possession claims ................................................ 15 Glossary of key terms used in Part 2 .................................................................. 15 Part 3 – Repairs ........................................................................................ 17 Obligations of Landlords’ ................................................................................... 17 Limits to Landlords’ obligations ......................................................................... 17 Part 4 – Additional Resources [Housing (Wales) Act 2014] ...................... 19 i.) Homelessness ....................................................................................... 19 ii.) Gypsies and Travelers ........................................................................... 20 iii.) Standard for Social Housing ...................................................................................... 21 Table of General Amendment Provision ............................................................ 21 Appendix: Flow Chart of Occupation Contract...................................................... 22
Transcript
Table of Contents
Introduction ............................................................................................... 2 PART 1 - The main types of occupation arrangements ........................................ 3
What is an Occupation Contract? ..................................................................... 3
Characteristics of all occupation contract ......................................................... 4
The rights of all contract-holders ...................................................................... 4
The types of occupation contracts .................................................................... 5
Part 1 – The main types of occupation arrangements
People who currently rent homes in Wales do so under a tenancy or licence.
The new Act replaces the previously established statutory tenancies1 with occupation contracts. As a result, regardless of whether occupiers are tenants or licensees, they will rent their homes under an ‘occupation contract’ as ‘contract-holders’.
What is an Occupation Contract?
An occupation contract is a tenancy or licence made between a landlord and an individual(s), giving the individual(s) the right to occupy a property. The individual has to pay either rent or other consideration. A person with whom a landlord makes an occupation contract is referred to as a contract-holder. However, a person under 18 years cannot be a contract-holder. Under the new arrangement, there will only be two forms of occupation contracts, namely secure and standard contracts. Each type of contract imposes different obligations on the contract-holder and on the landlord. This section will explain the main features of the two forms of occupation contracts, highlight the main changes made by the Act and touch upon the future of the existing tenancies and licences.
Introductory tenancy (Housing Act 1996), Demoted tenancy (Anti-Social Behaviour Act 2003) – detailed information can be found in PART 1 of the main tool kit < https://new.mencap.org.uk/sites/default/files/2016-06/Final%20Housing%20Law%20and%20the%20rights%20of%20disabled%20tenants%20Tool%20Ki%20t.pdf >
A tenancy is a contract between a landlord and a tenant or tenants, for the
tenant(s) to live in the dwelling home. The tenant(s) and the landlord(s) have
obligations. The tenant(s) has an interest in the property and has to pay rent.
A licence is a contract between two or more persons and a landlord, allowing the
person(s) to live in the dwelling.
The difference between a tenancy and licence is that under a licence the person(s)
does not have an interest in the property and does not have the right to sole
Unlike the Acts outlined in the main tool kit, the 2016 Act requires landlords to issue a written statement to the contract-holder within 14 days starting with the day he/she starts living in the property. The document should set out the rights and obligations of contract-holders
under the contact; Non-financial and financial remedies are available to the contract-holder
when the written statement is inaccurate or incomplete; The contract-holder can ask for a further written statement of the contract
at any time; and The landlord has a similar duty towards a new contract-holder in a joint
contract.
Characteristics of Occupation Contracts
In addition, the 2016 Act provides certain key, fundamental and supplementary terms which must be included in all occupation contracts. It also provides that additional terms may be included in the occupation contract: Key terms (such as rent, address of property); Fundamental terms – essential rights and obligations of a landlord and a
contract-holder which can be left out or modified but only if the effect of this is to the advantage of the contract-holder. However, there are automatic fundamental provisions that must be incorporated into either all secure contracts, all standards contracts or into all contracts (e.g. the fact that the contract-holder must not engage in anti-social behaviour);
Supplementary terms (maintenance of property etc.) – these can be left out or modified either in favour of the contract-holder or the landlord;
Additional terms (specific issues the parties want covered by the contract in relation to which there are no statutory provisions, for example the keeping of pets at the property).
The rights enjoyed by all contract-holders:
The right to occupy the property without interference from the landlord; The right to deal with the property with the landlord’s consent; The right to sublet; The right to transfer the contract; The right to add a joint contract-holder; The right to have certain repairs carried out by the landlord; and
All occupation contracts can be ended by a court order. The order will be issued only if one or more of the statutory grounds are established by the landlord. However, Chapter 2 of Part 9 of the 2016 Act provides that there are certain circumstances in which both types of occupation contracts can end without a court order:
1) The contract-holder has the right to terminate the contract by giving notice to the landlord;
2) Termination by agreement between the contract-holder and the landlord; 3) Breach of contract by the landlord; and 4) When the sole contract-holder dies.
Types of occupation contracts Table 1: types of occupation contracts Occupation Contract
Type of Landlord
Type of Contract
Statute Provision
Previous Tenant types
Secure Local Authorities or Community Landlord (subject to exceptions)
Modelled on the current secure tenancy. Usually based on an agreed term period i.e. weeks, or months.
Part 2, section 8
Secure tenancies and assured tenancies
Standard Private Landlord (subject to exceptions)
Modelled on the current assured shorthold tenancy. Can be for a set period and expires on a fixed date.
Part 2, section 8
Introductory Tenancies, Demoted Tenancies, assured shorthold tenancies, and other private tenancies and licences
(1) Secure contracts – includes contracts which are modelled on the current secure
tenancy and assured tenancy issued by local authorities under the Housing Act
A contract-holder can, with the landlord’s consent, transfer his/her contract to a successor in the event of his death; and
The right to end the contract by giving notice to the landlord. Furthermore, Chapter 2 of Part 5 of the 2016 Act provides that the landlord is able to vary the rent payable under a secure contract by giving notice to the contract-holder. Variation of consideration other than rent can be made by written agreement between the landlord and the contract-holder or as a result of a law that has been passed. As outlined above, all contracts can end if the landlord obtains a court order. In addition, a secure contract-holder may end the contract by giving notice to the landlord. If he does not leave the property on the date specified in the notice, the landlord can apply to the court for an order for possession on the ground that the contract-holder failed to do so. However, as a secure contract-holder, the landlord has no further rights to evict the contract-holder. (2) Standard contracts - cover introductory tenancies, demoted tenancies, assured
shorthold tenancies and other private tenancies and licences discussed in Part 1 of the 2014/15 tool kit.
Conditions for creating standard contracts: They must be offered by private landlords; In addition to the key matters set out in section 26 that all contracts must
provide, section 27 requires standard contracts to say whether the contract is made for periodic term or for a fixed term. If it is fixed term, the term for which it is made; and
If there are periods during which the contract-holder is not entitled to occupy the dwelling as a home, the contract must set out those periods.
There are two types of standard contracts:
a.) Periodic standard contracts Main features:
A periodic standard contract can provide that a contract-holder will not be allowed to live in the property during specified periods;
A contract-holder and his landlord can vary the terms of the contract in accordance with sections 122 to 129. As with secure contracts, the landlord is able to vary in writing the rent payable by the contract-holder;
Variation of other terms can also take place in writing; Certain terms known as ‘fundamental terms’ cannot be varied; If the landlord fails to seek variation in writing, the landlord has to pay
compensation to the contract-holder under section 87; and Joint contract-holders may leave the contract (“withdrawal”) by giving notice
to the landlord and a warning notice to the other joint contract-holder. As with secure contracts, a periodic standard contract can be ended if the landlord obtains a possession order from the court. Such an order can be made if the landlord is able to establish the statutory grounds found in Part 2 Chapter 3. The court may not make an order if the ground relied upon by the landlord is ‘discretionary’ (e.g. breach of contract by the contract-holder) unless it is reasonable to do so. It is also possible for periodic standard occupation contracts to end without a court order. In addition, as with secure contracts, the contract-holder may end the contract by giving notice to the landlord. The landlord may also end the contract for any reason by giving at least two months’ notice to the contract-holder. However, the landlord may not serve a section 173 notice during first four months (unless the contract is listed in Schedule 9). A contract-holder cannot be evicted if he/she has not been given a written statement or when the landlord is in breach of deposit or security requirements.
b.) Fixed term standard contracts Main features:
As with periodic standard contracts, the fixed term contract–holder and the landlord can agree that the contract-holder will not be allowed to live in the property during specified periods. The contract-holder and the landlord can vary the terms of the contract by agreement in writing in accordance with sections 134 to 137. Compensation, under
the 2016 Act is available for contract-holders if the landlord failed to do it in writing. However, variation is impossible when certain fundamental terms are involved. Sections 139 provides that a fixed term standard contract may allow the contract to be transferred when the sole contract-holder dies. As with secure contracts, both types of standard contracts can end if the landlord obtains a possession order from the court. Such an order will be made if the landlord can establish the statutory grounds found in Part 2 Chapter 3. If the ground is ‘discretionary’ (e.g. breach of contract by the contract-holder), the court may refuse an order because it is unreasonable. In addition, as mentioned above, Chapter 2 of Part 9 sets out the circumstances in which fixed-term occupation contracts can end without a possession claim.
WHAT ABOUT EXISTING TENANCIES AND LICENCES?
Existing tenancies and licences (unless specifically excluded by the Act) on a date to be specified by Welsh Ministers will become either a secure contract or a standard contract. In addition, Schedule 12 provides further information on how to determine whether converted contracts are secure or standard contracts. The fundamental provisions set out in the Act will become incorporated as terms of the occupation contract. The supplementary provisions as set out in the Act will become incorporated as terms of the occupation contract, except where they are incompatible with the existing terms. Under section 29 of the Act, the Welsh Ministers must prescribe model written statements of contracts.
Glossary of key terms used in Part 1
Terms used Meaning
Contract-holder A person who is under an occupation contract with a landlord.
Occupation contract Replaces the concept of ‘tenancy’. It is defined as an agreement between a landlord and a contract-holder to occupy a property.
Secure contract An occupation contract made with a community landlord. Standard contract An occupation contract usually made with a private
landlord.
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Periodic term standard contract
An occupation contract that has no specified end date, and runs from week to week, or month to month depending on how the rent is calculated.
Fixed term contract An occupation contract granted for a specified period and expiring on a fixed date.
Fundamental provisions or terms
Terms that must be included in the contract or may be included or modified if the landlord and contract-holder agree.
Supplementary provisions or terms
Terms of an occupation contract that are negotiated by the landlord and contract-holder.
Deposit fee or Security
Money paid to make sure the property is kept for the contract-holder.
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Part 2 – Termination, Possession proceedings and Defences
This part will provide a detailed description of the steps a landlord can take to end a contract and regain a property from a contract-holder, referred to as termination and possession proceedings under the 2016 Act. An important point to make is that some of the steps that can be relied upon by the landlord to end a contract and regain a property apply to all occupation contracts whereas some apply to either secure occupation contracts or to standard occupation contracts.
a.) All Occupation Contracts
The landlord can seek a court order for recovery of possession of the property from the contract-holder based on several grounds listed in chapter 9, section 205 such as: breach of contract – this is a discretionary ground for possession; the court
may not make an order for possession on this ground unless it is reasonable to do so; e.g. according to Schedule 10, the court will consider the following:
the effect of the order on the contract-holder and on any other occupiers of the property;
the effect of not making an order on the landlord’s interest;
the nature, frequency or duration of the breach; and
the degree to which the contract-holder is responsible for the breach
abandonment of dwellings - can be relied upon by the landlord if he had given notice to the contract-holder stating his beliefs that the contract-holder had abandoned the property;
estate management grounds – this is also a discretionary ground. It refers to where the landlord wants to demolish or rebuild the building or carry out work on part of it.
Types of estate management grounds: Estate management grounds Meaning
Redevelopment grounds The landlord can use this ground if he/she intends to rebuild or demolish the building or part of it.
Special accommodation grounds This ground involves housing suitable for physically disabled
people, people with special needs, persons’ with circumstances that make it difficult to satisfy his/her need for housing, and charity.
Under-occupation grounds This ground provides for persons’ who inherit the property from a contract-holder and joint contract-holders.
When considering estate management grounds, according to Schedule 10, the court will look at the effect of the order on the contract-holder and on any other occupiers of the dwelling. The court may also consider whether suitable alternative accommodation is available to the contract-holder. In addition, according to Schedule 11, the court will determine whether the accommodation is reasonably suitable for the needs of the contract-holder and his family. Also, whether a certificate of the local housing authority ensuring that the authority will provide alternative accommodation to the contract-holder is enough evidence that a suitable alternative accommodation is available. If the landlord is a private landlord, the court may consider whether the extent and the rent payable for the alternative accommodation is similar to the accommodation provided by community landlords for comparable persons;
b.) Secure Contracts
They can be ended by the contract-holder giving 4 weeks’ notice to the landlord that he/she will give up the property on a specified date. Where the contract-holder fails to give up the property, the landlord can seek a possession order from the court to remove the contract-holder from the property - this is an absolute ground which means that the claim will succeed so long as the court is satisfied that it is made out and the contract-holder cannot establish a defence under his convention rights. A convention right is the contract-holder’s right to respect for private and family life. However, the contract-holder may make an application to the county court for a review of the landlord’s decision to make a claim and the court may quash or confirm the decision;
Before making a possession claim the landlord must give notice specifying the grounds of seeking possession to the contract-holder; and
The notice would no longer have effect if, before the end of the contract, the contract-holder withdraws the notice by another notice, and the landlord does not object to the withdrawal in writing before the end of a reasonable period.
c.) Standard Contracts
1. Periodic Standard Contracts
i. Termination of a periodic standard contract on the Landlord’s notice
Similar to secure contracts, periodic contracts can be ended by the contract-holder giving notice to the landlord. Failure to give up on the property is an absolute ground that the landlord can rely upon when seeking a court order – this means that the claim will succeed so long as the court is satisfied that the ground is made out and the contract-holder cannot establish a defence under his convention rights. The ground is subject to review by the county court. However, the landlord also has the right to end the contract by giving a two months’ notice to the contract-holder that he/she must give up possession of the property on a specified date.
ii. Grounds of serious rent arrears Where a contract-holder falls behind on his/her rent payment, the landlord has the right to make a possession claim. This is an absolute ground which provides that the court will allow an order of possession if there is evidence that the contract-holder was seriously in rent arrears and the contract-holder could not establish any defence. This ground is subject to review by the county court under section 218. However, there are restrictions on a landlord under a periodic standard contract; e.g. after giving a possession notice, the landlord must wait for 14 days starting with the day of notice before making a possession claim.
2. Fixed Term Standard Contracts
i. Termination on Landlord’s notice
The landlord has the right to end a fixed term standard contract, before or on the last day of the term of the contract. He/she must give the contract-holder a notice to give up possession of the property not less than six month after the occupation contract was made. The landlord has the right to seek a court order, on the ground that he/she has served the notice in connection with the end of the fixed term. This is an absolute ground therefore the court must make a possession order if it is
satisfied that it was made out and that no Convention rights were established by the contract-holder.
ii. Serious rent arrears
Similar to the periodic standard contract, the landlord has the right to seek a court order if following his/her notice, the contract-holder fails to leave the property on the specified date. This is an absolute ground therefore the court must allow the order of possession if it is satisfied that contract-holder has fallen behind on his/her rent payment and the landlord has given him/her a notice to this effect. The court must also be satisfied that no convention rights were established by the contract-holder. A fixed term standard contract may contain a “break clause”, which enables the contract holder or the landlord to end the contract before the end of the fixed term. If the contract-holder wishes to rely on the contract-holder break clause, he/she must give not less than four weeks’ notice to the landlord specifying an end date. However if the landlord wishes to rely on the landlord break clause, he/she must give not less than two months’ notice starting from the day after the notice was given to the contract-holder.
Possession Claim against contract-holder where there is a sub-holder
A sub-holder is a contract-holder under an occupation contract made with another contract-holder, who then becomes the sub-holder’s landlord. The landlord of the contract-holder is called a “head landlord”. Flow Chart 1 - Sub-occupation contract.
When the head landlord wishes to end the head contract, he has to give a notice of possession intention to the sub-holder. When making a possession claim, the head landlord may make an extended possession order against the sub-holder. Flow Chart 2 - Termination of a sub-occupation contract
Defences to Termination or Possession Claims
The defences to a termination or possession claim are similar to the previous law, except for a few additional defences: Improper Notice – the landlord cannot give a termination notice to the
contract-holder within or before the end of four months’ of the occupation contract date;
if the landlord failed to provide the contract-holder with a written statement of contract when the contract was made, he/she is restricted to a six months’ period before being entitled to give the contract-holder a termination notice;
The landlord’s breach of security and deposit requirements - the contract-holder may also apply to the court for remedies to the landlord’s failure to give required notice of possession; and
Retaliatory possession claim - a secure contract-holder may claim before the court that the possession claim made by the landlord is a retaliatory possession claim; this means that the landlord is merely trying to avoid obligations to keep dwelling fit for human habitation and in repair.
Glossary of terms used in Part 2:
Terms used Meaning
head contract an occupation contract that gives rise to a sub-occupation contract
sub-occupation contract an occupation contract made with the landlord who is a contract-holder under a head contract
sub-holder a contract-holder under a sub-occupation contract
joint contract-holder where two or more contract-holders are under an occupation contract
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Part 3 – Repairs
Unlike the previous legislation (see more information in Part 3 of the main tool kit), the 2016 Act does not divide the rights and obligations of secure and standard contract-holders/community and private landlords to repair and make improvements to a rented property. The law was simplified therefore the rights and obligation set out in Part 4 Chapter 2 of the 2016 Act is applicable to all secure contracts, all periodic standard contracts and all fixed-term standard contracts made for a term of less than seven years. An important feature of the 2016 Act is that it does not impose an obligation on landlords to make improvements to the property, the main focus being on their general obligations to carry out repairs. The terms of all contracts will include the following obligations:
to keep the property ‘fit for human habitation’; the Welsh Ministers will provide the circumstances for determining whether a dwelling is fit for human habitation;
to repair the structure and the exterior of the building (including drains, gutters and external pipes) and the service installation in the property (water, gas, electricity, for sanitation, for space heating or for heating water);
if the property forms part only of a building, the landlord is to keep the structure and exterior of any other part of the building (drains, gutters and external pipes) in which the landlord has an estate or interest and the service installation which directly or indirectly affects the building;
to repair the damage caused by works done on his behalf; and if there is a breach of these terms, the contract-holder can sue the landlord
and the court can order the landlord to perform his obligations. However, there are limits to these obligations:
a landlord does not have to repair the building in case of damage caused by fire, storm or other inevitable accident;
the standard of repair must be reasonable; in determining the standards of repair, the courts must consider the age and character of the building and the period during which the property is likely to be available for occupation as a home;
the landlord does not have to carry out repairs unless the failure affects the contract-holder’s enjoyment of the dwelling; and
he is not required to repair any damage caused by contract-holders; he does not have to keep in repair anything which the contract-holder is
entitled to remove from the property; a landlord’s obligations for repair arise only when he is given notice that
repairs are necessary. Once he is aware, he must do it within a reasonable amount of time. He has the right to enter the property at any reasonable time to inspect its condition and state of repair or carry out the repairs that are needed but he must give 24-hour notice.
Another new important feature is the contract-holder cannot be sued for causing damage that destroys the value of the property. Furthermore, he/she does not have to use the premises in a ‘tenant-like manner’. This means that the contract-holder does not have to take proper care of the property by doing the little jobs which can reasonably be expected of him/her such as unblocking drains, having chimneys swept, mending fuses etc. and he/she does not have to ensure that his visitors do not damage the property.
An additional piece of legislation relevant to tenants threatened with homelessness is the Housing (Wales) Act 2014, which received Royal Assent on 17th of September 2014.
Registration and Licencing
The 2014 Act creates a compulsory registration and licensing scheme for all private rented sector landlords and letting and management agencies. This means that landlord and those dealing with the property on his behalf must be registered and licenced. If the landlord fails to obtain a licence allowing him to manage the property, he will have to pay a fine. A similar consequence arises when he appoints an unlicensed agent. These failures may also lead to the Tribunal making a ‘rent stopping order’ which will stop the rent or part of the rent owed by the tenant to a landlord. The tribunal will revoke the order if the landlord obtains a licence. In addition, a tenant can apply to a Tribunal for a rent repayment order. If his application is successful, the Tribunal will require the landlord to pay the tenants such an amount as mentioned in the order. (See sections 28-33)
Homelessness
The 2014 Act also create a fundamental reform to homelessness: it imposes certain duties on local authorities to help secure accommodation
for homeless people or for those threatened with homelessness; according to Part 2 of the 2014 Act, homelessness prevention services will be
available to all households who are in danger of losing their home within 56 days even those with no local connection and who do not fit any of the ‘priority need’ categories (priority need includes pregnant women, dependent children, someone vulnerable as a result of old age, persons’ with mental illness, and physically disabled persons).
This means that once a tenant is threatened with homelessness within 56 days of this occurring, he/she can seek help from a local housing authority. The local housing authority has to take the following steps to assist the individual:
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1. The local housing authority will consider whether or not it is reasonable for the contract-holder to continue to occupy the accommodation; the general circumstances of each case will be taken into account;
2. Schedule 2 provides information on the eligibility of help 3. The local authority must carry out an assessment of the applicant’s case:
The reasons why the person is threatened with homelessness, the person’s housing needs, the support needed by the person or those with whom they might reasonably be expected to live to retain accommodation
4. The applicant will receive a notice in writing of the outcome of the assessment;
5. The authority may help with information and advice, mediation, payment of grant or loan, help managing debt and accommodation;
6. If the applicant is threatened with homelessness and is eligible for help, the local housing authority must ensure that the accommodation will continue to be available for the applicant’s occupation.
Under section 66 of the 2014 Act, the local housing authority has a duty to help prevent a person threatened with homelessness, from becoming homeless. However, there are circumstances in which the duty under section 66 might come to an end, e.g. when the applicant failed to co-operate with the housing authority; however, the applicant can request a review of the decision made under Chapter 2 in relation to his or her case (See section 86 for more information on the review procedure).
Gipsies and travellers
In addition, sections 101-103 provides for the duty of the local housing authority to assess and meet the accommodation needs of gypsies and travellers. This includes carrying out an assessment of their accommodation needs every 5 years, providing mobile homes, work space, and facilities (section 103). An important feature of this provision is that under section 109, the Welsh Minister have the power to amend the definition of gypsies and travellers given in section 108.
The law governing social housing was also amended under the 2014 Act in some key areas, relating to fully mutual housing associations and assured tenancy (including assured shorthold tenancies): the latter was changed by the Renting Homes Act 2016.
i. Amendment of Schedule 1 of the Housing Act 1988
Under Part 6 of the 2014 Act, provision is made for fully mutual housing associations (which include co-operative housing associations) to be able to grant assured tenancies. This means that fully mutual housing associations can grant assured and assured shorthold tenancies so that their members may benefit from the statutory protection that these tenancies provide under the Housing Act 1988.
ii. Amendment of Schedule 2 to the Housing Act 1988
An additional ground for possession of an assured tenancy granted by a fully mutual housing association is included. This added section inserts a ground that the fully mutual housing association has defaulted on a mortgage of a dwelling-house in Wales. However, this ground can only be used were the association gives the tenant a notice of the application of this ground, before the tenancy is granted. Additionally, social housing will no longer be the main way of assisting people out of crisis, as the types of help offered by local authorities are changing. Local housing authority has the power to discharge their homelessness duties with an offer of privately rented accommodation.
Generally the 2014 Act provides the following amendments:
Table 2:
Sections Provisions
Sections 55-57 Ensures greater emphasis on what constitutes homelessness and accommodation available for occupation.
Section 58 It ensures greater protection for victims of abuse, domestic abuse, adopted children, and children in households who are found to have caused their own homelessness.
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Sections 60, 62 and 66
Provide further duties imposed on local authorities when dealing with people threatened with homelessness.
Section 64 It lays down the steps by which a local housing authority may secure suitable accommodation for applicants. E.g. mediation, loans, information and advice etc.
Section 70 and Schedule 2
It provides the list of persons who have a priority need for accommodation e.g. pregnant women, disabled people, victims of abuse, vulnerable applicants, former prisoners etc.
Sections 73 and 75 Creates the duty to help to take reasonable steps to secure accommodation for eligible and homeless applicants and
the duty to secure accommodation to those in priority need when the duty under section 73 ends.
Sections 77 and 78 Ensures the ability of local authorities to offer secure accommodation through the private rented sector, and provides more information on becoming ‘intentionally homeless’.
Sections 92 and 95 Improves co-operation between organisations such as Registered Social Landlords, the Housing Associations, and private landlords with local authorities to ensure that they help applicants.
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Appendix: Flow Chart of Occupation Contract
OC
CU
PATI
ON
CO
NTR
AC
TS
STANDARD CONTRACT
(issued by Private
Landlords)
FIXED STANDARD CONTRACT
FUNDAMENTAL TERMS - includes: the landlord's obligation to keep the property in good state of repair; he must provide the contract-holder with
a written contract; See Chapters 1-5 of Part 7 and Schedule 1; variation of such terms is
limited - Chapter 3, Part 7.
Supplementary and additional terms apply.
PERIODIC STANDARD CONTRACT
FUNDAMENTAL TERMS: Similar to fixed standard contracts, with some exceptions; See
Chapters 1-4 of Part 6 and Schedule 1; limits on variation: Chapter 3 pf Part 6.
Supplementary and additional terms apply.
FEATURES: must be written; must include - the property, the occupation date, the rent etc; can be varied,
transferred or ended; must mention whether it is for a fixed or periodic term; if it is for a fixed term, the term
for which it is made.
SECURE CONTRACT
(issued by Community Landlords)
FEATURES: They have no end date; must be written; must include: the proerty, the
occupation date, the amount of rent etc; can be varied, transferred or ended.
FUNDAMENTAL TERMS - that automatically become terms of the contract: the right to take
on a lodger; the landlord's obligation to keep the property in good state of repair; See chapters 1-
6 of Part 5 and Schedule 1 of the 2016 Act; These terms can undergo limited changes -
Chapter 2 of Part 5 of the 2016 Act
SUPPLEMENTARY TERMS: set out in Regulations made by the Welsh Ministers under section 23 of the 2016 Act; the contract-holder and the
landlord may agree not to include a supplementary provision in the contract
ADDITIONAL TERMS: agreements between the landlord and the contract-holder relating to other matters which cannot be found in the
