Renting Homes (Wales) Act 2016

CHAPTER 4SUPPLEMENTARY PROVISIONS OF OCCUPATION CONTRACTS

23Supplementary provisions

(1)The Welsh Ministers may by regulations provide that provisions set out in the regulations are incorporated as terms of occupation contracts (subject to sections 21, 24(1) and (2) and 25); for the purposes of this Act such provisions are “supplementary provisions”.

(2)Before making regulations under subsection (1), the Welsh Ministers must consult such persons as appear to them to be appropriate.

(3)Sections 112 and 131 give the Welsh Ministers further powers to prescribe supplementary provisions relating to time limits for withdrawal of joint contract-holders from secure contracts and periodic standard contracts (and the Welsh Ministers must consult in accordance with subsection (2) before using those powers).

(4)The Welsh Ministers may, under subsection (1), prescribe a provision in an enactment as a supplementary provision applicable to an occupation contract.

(5)In this Act—

• “supplementary provision” (“darpariaeth atodol”) (except in relation to sections 255 and 256) has the meaning given in subsection (1) of this section;

• “supplementary term” (“teler atodol”), in relation to an occupation contract, means a term of the contract which incorporates a supplementary provision (with or without modifications).

24Incorporation and modification of supplementary provisions

(1)A supplementary provision is not incorporated as a term of an occupation contract if the landlord and the contract-holder agree that it should not be incorporated.

(2)A supplementary provision is incorporated as a term of an occupation contract with modifications if the landlord and the contract-holder agree that it should be incorporated with those modifications.

(3)An agreement under subsection (1) or (2) that would make a supplementary term of an occupation contract incompatible with a fundamental term of the contract is of no effect.

(4)Subsections (1) and (2) are subject to section 34 (landlord’s failure to provide written statement of contract) and section 36 (incomplete written statement).

25Effect of non-incorporation and modification of supplementary provisions

(1)Subsections (2) and (3) apply where—

(a)a supplementary provision is not incorporated as a term of an occupation contract because of an agreement under section 24(1), or

(b)a supplementary provision is incorporated as a term of the contract with modifications because of an agreement under section 24(2).

(2)If as a result it is necessary that another supplementary provision is not incorporated, the other provision is not incorporated.

(3)If as a result it is necessary that another supplementary provision is incorporated with modifications, the other provision is incorporated with the necessary modifications (in addition to any modifications made because of an agreement under section 24(2)).