OUT WITH THE OLD AND IN WITH THE NEW -Occupation Contracts (Wales) Note that the contract holders occupation as a result of this Contract may still last longer than 2 years and 11 months, as the Contract will be converted into a periodic standard Occupation Contract at the end of the fixed term. If you are on benefits or a low income, you may not have to pay the fee, or may get a discount. All of the terms in this section, headed Variation of this Agreement, excluding the rule that the Agreement may be varied by agreement between the Landlord and the Contract Holder. This Agreement serves as a written statement of the occupation contract between the Landlord and the Contract Holder. The type of notice you get and the amount of time that the notice must give you (the notice period) before your landlord can apply to court to ask for return of the property depends on the reason why your landlord wants to end the contract. Contents of this occupation contract - Net Lawman The two terms immediately preceding this term do not affect the operation of the law of frustration or the Contract Holders or the Landlords rights to rescind the contract. The effect of the change is an improvement in the Contract Holders position, where the fundamental provision that the Fundamental Term incorporates is not incorporated or is incorporated with modification. Ensure the Dwellings service installations (i.e. Dealing, for the purposes of this section, includes: The Contract Holder is prohibited from dealing with this Agreement, the Dwelling, or part of the Dwelling. In accordance with a family property order, as defined in section 251 of the Act. If your landlord has sent you a notice saying that they believe you have abandoned your home, see the Abandoned property section later in the fact sheet. agree to the Contract Holders changes), Inform the Contract Holder that they do not agree with the comments and re-send them the original Inventory with a copy of the comments attached to it, or. This template can be used to create an Occupation Contract with a fixed term of up to 2 years and 11 months, as Occupation Contracts with a term of 3 years or more generally need to be witnessed. To make a new offer of payment on your arrears. Shelter Cymru For expert housing advice if you live in Wales. Dont worry if you have already missed the deadline. Are there any periods during which the contract holder cannot live in the dwelling? The Landlord must not charge the Contract Holder a fee in exchange for providing a written statement of the occupation contract at the start of the occupation contract or when the Contract Holders identity changes. If its a company, whats its company number? However, the Renting Homes Act is not yet in force. Summary of Key Dates for Renting Homes in Wales, model written statements for NRLA members, About Suzanne Smith: Blogger, Landlord & Lawyer. Be delivered or otherwise given in accordance with the provisions in sections 236 and 237 of the Act. There is an exception to this one-month notice period when the Contract Holders breach of contract was a breach of their obligations relating to anti-social behaviour and other prohibited conduct (set out in the section headed Prohibited conduct, above). Termination due to the Contract Holders death, if there is a sole contract holder. Most people who rent their home from a community landlord (a local authority or a housing association) will get a particular kind of occupation contract called a 'secure contract'. ensure a carbon monoxide detector is fitted in every room with a fuel burning appliance. To start your tenancy on a sound legal footing, you'll need an up-to-date contract signed by all parties: landlord, contract-holders and guarantors. If you need time to get debt advice and find a debt solution, you may want to consider applying for breathing space. Occupation contracts set out the rights and responsibilities of the parties. News - Rent Smart Wales For more information, read Taking in a lodger. The NRLA has template occupation contracts that are available for members. The reason why your landlord wants to end your contract will affect the amount of notice you should be given. Rent arrears are important because you could lose your home if you do not pay them. The DWP should start paying the housing costs element of your Universal Credit within five weeks. It might also be a temporary payment. This means that the contract holder can keep living in the dwelling in the same manner as before. contract holders under a sub-occupation contract). SeeUseful contactsat the end of this fact sheet. Instead, they must use Standard Occupation Contracts when starting an agreement. comments specifying disagreement with the information in the Inventory). When you have all the information about the intended occupation prepared in advance, creating your document is a quick and easy process. agree to some of the Contract Holders changes only). get advice about dealing with court action. Does the contract holder have access to a parking space? The day that the Contract Holder is entitled to move into the Dwelling under this Agreement, i.e. Specifically, the Landlord must: If any damage is caused by works and repairs carried out in order to comply with the Landlords Repair Obligations, the Landlord must make good the damage. not take possession action if you keep up with an agreement to pay your rent and an amount towards your arrears. Cause damage to the Dwelling or its contents, Pose a risk to anybodys health and safety, or. If your landlord asks the court to start possession action, you should get: Fill in the defence form and return it to the court within 14 days of getting it. It covers: written statements - explaining, for example, the landlords obligation to provide written statements, what should be included in them, and what should happen if the Contract is later altered, types of terms in the written statement - explaining what key matters, fundamental terms, supplementary terms, and additional terms are, and how and when each type of term may be altered from the versions provided in the Welsh Governments model Occupation Contract, the Occupation Contract - setting out the contract holders right to occupy the dwelling under the Contract without being unlawfully evicted, the contract holders and the landlords obligations in relation to the dwelling - stating each partys obligation to abide by the various obligations contained in the Contract, alongside the contract holders obligations related to anti-social behaviour and overcrowding, assistance and issues - setting out how disputes should be handled and where contract holders can obtain information and assistance relevant to their Occupation Contract, Fundamental terms of the Occupation Contract. It is expected that landlords will use these forms for notices given on or after 1 December 2022. departing joint contract holder) after the end of the six-month period that starts on the day on which the relevant joint contract holders rights and obligations under the Agreement ended. failure to take proper care of the Dwelling or (if relevant) the common parts of the building that it forms a part of that the Contract Holder is permitted by to use). find out if there is any help you can get with your rent; help you negotiate with your landlord if you have fallen behind with your rent payments; and. This includes the term setting out the only instances in which the Landlord can make a claim to recover possession. Creating a converted occupation contract: guidance for landlords The contract holders obligation to notify the landlord if the dwelling will be empty for 28 consecutive days (eg if they go on holiday) is set out here, as well as the contract holders right to change the dwellings locks if required. You can fill in the forms atPossession claim online (PCOL). Information about ending the Occupation Contract is set out here. Check the written statement to see what type of occupation contract you have. These include: The Contact Holder may request a further written statement of the occupation contract at any time. This means that they may withhold rent to the value of the compensation that theyre owed. altered or omitted) to the benefit of either the Landlord or the Contract Holder if the Landlord and the Contract Holder agree to the changes. If you are already getting any of these benefits, you donotneed to move to Universal Credit until the Department for Work and Pensions (DWP) tells you to. Any person who is engaged in a lawful activity in the Dwelling or in the locality of the Dwelling. The form asks if you have a counterclaim against your landlord. Under an occupation contract, you (the renter) are known as the 'contract-holder'. provide a current satisfactory electrical installation condition report (. Check that your landlord has complied with all their duties as a landlord. If so, what is their name and address? Attend the hearing unless it has been adjourned or cancelled by the court. The section covers the various instances in which written statements should be provided to the contract holder and how this should be done, as well as which information the landlord must provide about themselves. This will give you a date and time for a hearing in the County Court. If a joint contract holder ceases to be a contract holder under this Agreement (due to their death or another reason, but not due to the transfer of rights or obligations in accordance with this Agreement): The only ways in which it is permissible for this Agreement to be ended are in accordance with: , which include Acts of Parliament, Acts of Senedd Cymru, or regulations made by the Welsh Ministers. The Landlords exercise of their rights under this Agreement. Landlord's Guide to Occupation Contracts and Tenancies in Wales If there has been a change in the identity of the contract-holder between 1 December 2022 and 31 May 2023, the landlord must have provided a copy of the written statement by 14 June 2023. Have or arrange to have installed or removed any specific service installations at the Dwelling (i.e. The six-month notice period will only be in effect for occupation contracts rented out on or after 1 December 2022. This is included in your Universal Credit award and is usually paid directly to you. You will get a 'notice of eviction' from the court bailiffs, which tells you the date and time when the bailiffs will come to evict you. You should get at least 28 days notice of the hearing date. Even if your landlord has already refused your offer of payment, contact your landlord again. If your landlord hasnt provided you with the written statement within the required timeframe, contact us for advice. Whether you are a landlord or a letting/managing agent, these changes will affect you. Work out a new budget and send a copy with theN244.

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