Renting Homes (Wales) Act 2016

Yn ddilys o 01/12/2022

36 Incomplete statement E+W

(1) If the landlord under an occupation contract provides a written statement of the contract that is incomplete, the contract-holder may apply to the court for a declaration as to the terms of the contract.

(2) A written statement is incomplete if it does not include everything required to be included by section 32.

(3) The contract-holder may not apply to the court under subsection (1) before the end of the period of 14 days starting—

(a) if the landlord was required to provide a written statement under section 31(1), with the occupation date;

(b) if the landlord was required to provide a written statement under section 31(2), with the day on which the landlord gave the new contract-holder the written statement;

(c) if the landlord was required to provide a further written statement under section 31(4) to (6), with the first day of the period mentioned in section 31(6).

(4) Subsection (5) applies if the written statement—

(a) does not set out a fundamental provision applicable to the contract and does not contain a statement that the provision is not incorporated because of section 20(1) or 21(2), or

(b) does not set out a supplementary provision applicable to the contract and does not contain a statement that the provision is not incorporated because of section 21(2), 24(1) or 25(2).

(5) That provision is to be treated as incorporated as a term of the contract without modification unless—

(a) section 21 or 25 applies in relation to it, or

(b) the contract-holder claims it was not incorporated or was incorporated with modifications.

(6) If the contract-holder makes a claim of a kind mentioned in subsection (5)(b) the court must determine that claim.

(7) Subsection (6) does not apply if the omission of the provision or statement is attributable to an act or omission of the contract-holder.

(8) The court may—

(a) attach a written statement of the occupation contract to its declaration, or

(b) order the landlord to give the contract-holder a written statement of the contract which is complete.

(9) If the court is satisfied that the written statement is incomplete because of the intentional default of the landlord, it may order the landlord to pay the contract-holder compensation under section 87.

(10) The compensation is payable in respect of the period, not exceeding two months, determined by the court; and the court may order the landlord to pay interest at such rate and calculated in such manner as it thinks fit.