Prescribed matters for which explanatory information must be contained in the written statement of an occupation contractE+W

3.  A written statement of an occupation contract must contain explanatory information about the following matters—

(a)the status of the document (i.e., that it is a written statement of the occupation contract),

(b)the short title of the Act under which the occupation contact is made,

(c)the meaning of—

(i)“occupation date”, and

(ii)“key matters”,

(d)the main features of the following—

(i)“fundamental terms”, i.e.—

(aa)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;

(bb)that some of the fundamental provisions cannot be omitted or modified and must reflect the wording in the Act apart from editorial changes(1) and that others, subject to the agreement of the landlord and contract-holder, can be omitted or modified, but only if doing so improves the position of the contract-holder;

(cc)that where the contract is a converted contract(2), once the landlord has given the contract-holder a written statement of occupation contract certain fundamental terms can be omitted or modified as described in paragraph (bb);

(ii)“supplementary terms”, i.e.—

(aa)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);

(bb)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;

(cc)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;

(dd)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);

(iii)“additional terms”, if included in the occupation contract, i.e.—

(aa)that these can cover any other matter, provided they do not conflict with a key matter, a fundamental term or a supplementary term;

(bb)that these are agreed by the landlord and contract-holder;

(cc)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,

(e)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(3),

(f)that the written statement of the occupation contract F1...—

(i)[F2may be given to the contract-holder before the occupation date and, if it is not, must be given to the contract-holder within] 14 days of the occupation date(4);

(ii)where the contract is a converted contract, [F3must be given to the contract-holder] within six months of the date the contract converted to an occupation contract(5),

[F4(g)that if the landlord fails to give the written statement of the occupation contract to the contract-holder within 14 days of the occupation date, the landlord may be liable to pay the contract-holder compensation equivalent to a day’s rent for each day that the written statement is not provided, starting with the occupation date, up to a maximum of two months’ rent (unless the landlord’s failure to provide the written statement was intentional in which case, the court may determine that an increased amount per day is payable)]

(h)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(6),

(i)that the written statement of the occupation contract sets out the rights and responsibilities of the contract-holder and the landlord,

(j)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,

(k)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,

(l)that more information about occupation contracts, including dispute resolution, can be found—

(i)on the website provided by the Welsh Government,

(ii)from advice agencies such as the Citizens Advice Bureau or Shelter Cymru, or

(iii)from independent legal advisors,

(m)that disputes regarding the terms of the occupation contract may be determined in the county court,

(n)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,

(o)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(7),

(p)that the contract-holder cannot be evicted without a court order, unless they abandon the dwelling,

(q)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,

(r)that the contract-holder can be held responsible for any anti-social behaviour or other prohibited conduct(8) of anyone who lives in or visits the dwelling,

(s)anti-social behaviour or other prohibited conduct can include—

(i)excessive noise,

(ii)verbal abuse,

(iii)physical assault, and

(iv)domestic abuse (including physical, sexual, psychological, emotional or financial abuse),

(t)that a succession right may apply to someone who lives in the dwelling with the contract-holder,

(u)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

(v)that Part 10 of the Housing Act 1985 (overcrowding)(9) provides the basis for determining the maximum number of people permitted to live in the dwelling.

Textual Amendments

Commencement Information

(1)

See section 33 of the Act.

(2)

See paragraph 1(1) of Schedule 12 to the Act for the definition of “converted contract”.

(3)

See also section 32(3) of the Act.

(4)

See section 31 of the Act.

(5)

See paragraph 11(1) of Schedule 12 - which deals with the conversion of tenancies and licences that existed before the commencement of Chapter 3 of Part 10 of the Act.

(6)

See sections 236 and 237 of the Act.

(8)

Section 55 (anti-social behaviour and other prohibited conduct) of the Act.

(9)

1985 c. 68, section 325 was amended by S.I. 2019/1458; there are other amending instruments but none that are relevant to these Regulations.