Renting Homes (Wales) Act 2016

Valid from 01/12/2022

CHAPTER 3 E+W VARIATION OF CONTRACTS

Modifications etc. (not altering text)

C1 Pt. 6 Ch. 3: power to amend conferred (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2), s. 30(2), Sch. 1 para. 11 (with s. 29); S.I. 2019/1150, art. 2(c)

122 Variation E+W

(1) A periodic standard contract may not be varied except—

(a) in accordance with sections 123 to [F1 125], or

(b) by or as a result of an enactment.

(2) A variation of a periodic standard contract (other than by or as a result of an enactment) must be in accordance with section 127.

(3) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts; section 20 provides that subsections (1)(b) and (2) of this section—

(a) must be incorporated, and

(b) must not be incorporated with modifications.

Textual Amendments

F1 Word in s. 122(1)(a) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 9

123 Variation of rent E+W

(1) The landlord may vary the rent payable under a periodic standard contract by giving the contract-holder a notice setting out a new rent to take effect on the date specified in the notice.

(2) The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months.

(3) Subject to that—

(a) the first notice may specify any date, and

(b) subsequent notices must specify a date which is not less than one year after the last date on which a new rent took effect.

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

124 Variation of other consideration E+W

(1) Where consideration other than rent is payable under a periodic standard contract, the amount of consideration may be varied—

(a) by agreement between the landlord and the contract-holder, or

(b) by the landlord in accordance with subsections (2) to (4).

(2) The landlord may give the contract-holder a notice setting out a new amount of consideration to take effect on the date specified in the notice.

(3) The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months.

(4) Subject to that—

(a) the first notice may specify any date, and

(b) subsequent notices must specify a date which is not less than one year after the last date on which a new amount of consideration took effect.

(5) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts under which consideration other than rent is payable.

125 Variation of other terms E+W

(1) The fundamental terms, supplementary terms and additional terms of a periodic standard contract may be varied (subject to section [F2 127) by agreement between the landlord and the contract-holder.]

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This section is a fundamental provision which is incorporated as a term of all periodic standard contractsF5 ....

Textual Amendments

F2 Words in s. 125(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(2)(a)(i), 19(3)

F3 S. 125(1)(a) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(2)(a)(ii), 19(3)

F4 S. 125(1)(b) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(2)(a)(ii), 19(3)

F5 Words in s. 125(2) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(2)(b), 19(3)

Prospective

F6 126 Variation by landlord of other terms: notice procedure E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 126 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(3), 19(3)

127 Limitation on variation E+W

(1) A fundamental term of a periodic standard contract incorporating any of the fundamental provisions to which subsection (2) applies may not be varied (except by or as a result of an enactment).

(2) This subsection applies to the following fundamental provisions—

(a) section 122(1)(b) and (2) and this section,

(b) section 45 (requirement to use deposit scheme) F7 ...,

(c) section 52 (joint contract-holder ceasing to be a party to the occupation contract),

(d) section 55 (anti-social behaviour and other prohibited conduct),

(e) section 148 (permissible termination),

(f) section 149 (possession claims),

(g) section 155 (death of sole contract-holder),

(h) section 158 (securing contract by use of false statement),

F8 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) paragraph 7 of Schedule 4 (variation of secure contract addressed in written statement of introductory standard contract)[F9 , and

(k) Part 1 of Schedule 9A (restrictions on giving landlord's notice under sections 173: breach of statutory obligations)].

(3) A variation of any other fundamental term (other than by or as a result of an enactment) is of no effect—

(a) unless as a result of the variation—

(i) the fundamental provision which the term incorporates would be incorporated without modification, or

(ii) the fundamental provision which the term incorporates would not be incorporated or would be incorporated with modification, but F10 ... the effect of this would be that the position of the contract-holder is improved;

(b) if the variation (regardless of whether it is within paragraph (a)) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which subsection (2) applies.

(4) A variation of a term of a periodic standard contract is of no effect if it would render a term of the contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this section in a way that would avoid the incompatibility).

(5) Subsection (4) does not apply to a variation made by or as a result of an enactment.

(6) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts; section 20 provides that this section—

(a) must be incorporated, and

(b) must not be incorporated with modifications.

Textual Amendments

F7 Words in s. 127(2)(b) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 10(a)

F8 S. 127(2)(i) and word omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 10(b)

F9 S. 127(2)(k) and word inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 10(c)

F10 Words in s. 127(3)(a)(ii) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 5 para. 2(3)

128 Written statement of variation E+W

(1) If a periodic standard contract is varied in accordance with the contract or by or as a result of an enactment the landlord must, before the end of the relevant period, give the contract-holder—

(a) a written statement of the term or terms varied, or

(b) a written statement of the contract as varied,

unless the landlord has given notice of the variation in accordance with section 123 [F11 or 124(2) to (4)].

(2) The relevant period is the period of 14 days starting with the day on which the contract is varied.

(3) The landlord may not charge a fee for providing a written statement under subsection (1).

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

Textual Amendments

F11 Words in s. 128(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 11

129 Failure to provide written statement etc. E+W

(1) If the landlord under a periodic standard contract fails to comply with a requirement under section 128 the landlord is liable to pay the contract-holder compensation under section 87.

(2) The compensation is payable in respect of the relevant date and every day after the relevant date until—

(a) the day on which the landlord gives the contract-holder a written statement of the term or terms varied, or of the contract as varied, or

(b) if earlier, the last day of the period of two months starting with the relevant date.

(3) Interest on the compensation is payable if the landlord fails to give the contract-holder a written statement on or before the day referred to in subsection (2)(b).

(4) The interest starts to run on the day referred to in subsection (2)(b) at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day.

(5) The relevant date is the day on which the contract was varied.

(6) Subsections (1) to (5) do not apply if the landlord's failure to comply with the requirement is attributable to an act or omission of the contract-holder.

(7) If under section 128 the landlord gives the contract-holder a written statement of the contract as varied, sections 36 and 37 (incomplete and incorrect statements) apply to the statement as if [F12 , in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ”].

Textual Amendments

F12 Words in s. 129(7) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 5 para. 4(b)