1. 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

2. ~ 2 ~
Introduction
The implementation of the Renting Homes (Wales) Act 2016 alters the existing
legislation governing housing law as outlined in the 2014/2015 Mencap Cymu tool
kit, making it easier to rent a home in Wales and increasing the legal protection
offered to tenants. Secondly, the Housing (Wales) Act enacted in 2014 provides
further assistance on evictions.
This supplement sets out the key provisions of the new legislation, and is designed
to be read in conjunction with the main tool kit. The provisions of the Renting
Homes (Wales) Act 2016 are dealt with first, and information on the Housing
(Wales) Act 2014 can be found in the final section. It is important to note that the
2016 Act has not fully come into force yet, but it is expected that the legislation will
be enacted in the near future.
In this supplement, the Renting Homes (Wales) Act 2016 will be referred to as “the
2016 Act” and the Housing (Wales) Act 2014 as “the 2014 Act” unless otherwise
stated.
This supplement is divided into four parts:
Part 1 – The main types of occupation arrangements – explains the key
changes in relation to the existing types of tenancies, explained in Part 1 of the
main tool kit. The introduction of the concept of “occupation contract” is one of
the most important features of the new Act. Therefore, the previously established
tenancies are abolished and replaced by two main types of occupation contract.
This part will explain the rules in relation to each type of contract.
Part 2 – Termination and Possession proceedings – sets out the grounds that
a landlord can rely upon when bringing possession proceedings and the defences
that may be used by a contract-holder when threatened with eviction.
Part 3 – Repairs – explains the obligations of landlords to repair the rented
property and the restrictions on these obligations.
Part 4 – Additional resources – contains further steps that tenants (now
‘contract-holders’) can take in response to a threat of an immediate eviction under
Housing (Wales) Act 2014.
Appendix – Contains a flow chart of the contents of the supplement.

3. ~ 3 ~
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.
1 Secure tenancy (Housing Act 1985), Assured tenancy and Assured shorthold tenancy (Housing Act 1988),
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%2
0t.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
occupation of the home.

4. ~ 4 ~
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

5. ~ 5 ~
 Entitled to compensation.
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

6. ~ 6 ~
1985 (described in Part 1 of 2014/2015 tool kit). A secure contract does not have
an end date and it runs from week to week or month to month.
Conditions for creating secure contracts:
 They must be granted by "community landlords” (community landlords
include “registered social landlord” as defined in section 1 of the Housing Act
1996 (c 52). It also includes a “housing co-operative” as defined in section
27B of the Housing Act 1985); and
 They must mention the property, the occupation date, the amount of rent
or other consideration and the rental period.
An occupation contract made with a community landlord is a secure contract unless
one of the exceptions set out in Schedule 3 applies. E.g. where the contract involves
accommodation for asylum seekers or students.
In addition, a community landlord can choose to give a contract-holder an
introductory standard contract rather than a secure contract. This is a periodic
standard contract which, when compared with a secure contract, has reduced the
length of occupation. The “introductory period” lasts for 12 months, and can be
extended to 18 months. At the end of the introductory period, the contract
becomes a secure contract. Schedule 4 of the 2016 Act gives more details of
circumstances in which an introductory standard contract applies.
The 2016 Act also provides for “prohibited conduct standard contracts” under
chapter 5 and schedule 7. This type of occupation contract can be created by a
community landlord upon application to the court on the ground that the contract-
holder has or has threatened to engage in an illegal act or a conduct causing
nuisance. Section 202 of Chapter 8 provides that the landlord’s decision to
terminate a prohibited conduct standard contract is subject to review. A request
for review must be made to the landlord before the end of the period of 14 days
starting with the day on which the landlord gives the contract-holder the notice.
In addition to the rights enjoyed by all contract-holders outlined above, secure
contract-holders enjoy further rights:
 A secure contract-holder can have a lodger;
 Joint contract-holders may leave the contract (“withdrawal”) by giving notice
to the landlord and a written warning to the other joint contract-holder;

7. ~ 7 ~
 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;

8. ~ 8 ~
 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

9. ~ 9 ~
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.

10. ~ 10 ~
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.

11. ~ 11 ~
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

12. ~ 12 ~
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

13. ~ 13 ~
 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

14. ~ 14 ~
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.
HEAD LANDLORD -
Under a head
contract
CONTRACT-HOLDER -
Becomes the landlord
once he/she enters
into a sub-occupation
contract with a sub-
holder.
SUB-HOLDER

15. ~ 15 ~
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
HEAD LANDLORD
Notice of possession
SUB-HOLDER
Extended possession

16. ~ 16 ~
head landlord a landlord under the head 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

17. ~ 17 ~
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;

18. ~ 18 ~
 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.

19. ~ 19 ~
Part 4 – Additional Resources
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:

20. ~ 20 ~
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.

21. ~ 21 ~
Standards for social housing
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.

22. ~ 22 ~
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.

23. ~ 23 ~
Appendix: Flow Chart of Occupation Contract
OCCUPATIONCONTRACTS
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
2016 Act