Renting Homes (Wales) Act 2016

Valid from 01/12/2022

Probation period E+W

3 (1) The probation period, in relation to an occupation contract which is a periodic standard contract because of an order under section 116, is— E+W

(a) the period of 12 months starting with the occupation date of the contract (see section 116(2)(b)), or

(b) if there is an extension under paragraph 4, the period of 18 months starting with the occupation date of the contract.

(2) If the landlord gives the contract-holder notice that the probation period will end before the time at which it would end under sub-paragraph (1), the period ends on the date specified in the notice.

(3) If under paragraph 7 the court orders that the probation period will end before the time at which it would end under sub-paragraph (1), the period ends on the date specified in the order.

(4) If sub-paragraphs (2) and (3) both apply, the period ends on the earlier of the date specified in the notice and the date specified in the order.

(5) Sub-paragraph (6) applies instead of sub-paragraphs (1) to (4) if, at what would be the end of probation period under those sub-paragraphs—

(a) a possession claim made by the landlord in respect of the dwelling has not been concluded, or

(b) the landlord has given the contract-holder a possession notice or a notice under section 173 (landlord's notice to end contract), and the period before the end of which the landlord may make a possession claim has not ended.

(6) Where this sub-paragraph applies, the probation period is the period starting with the occupation date of the contract and ending—

(a) when a relevant event occurs, or

(b) if no relevant event occurs, immediately after the contract ends.

(7) In a case within sub-paragraph (5)(a) the relevant event is the conclusion of the possession claim in favour of the contract-holder.

(8) In a case within sub-paragraph (5)(b) each of the following is a relevant event—

(a) withdrawal of the notice;

(b) the period ending without a possession claim having been made;

(c) conclusion in favour of the contract-holder of a possession claim made in reliance on the notice.

(9) If a private landlord other than a registered charity becomes the landlord under the contract before the time at which the probation period would end apart from this sub-paragraph, the probation period ends.