Renting Homes (Wales) Act 2016

CHAPTER 2E+WTERMINATION ETC. WITHOUT A POSSESSION CLAIM(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

152Early termination by contract-holderE+W

(1)The contract-holder may end the occupation contract at any time before the earlier of—

(a)the landlord giving the contract-holder a written statement of the contract under section 31(1), or

(b)the occupation date.

(2)To end the contract under subsection (1), the contract-holder must give a notice to the landlord stating that he or she is ending the contract.

(3)On giving the notice to the landlord, the contract-holder—

(a)ceases to have any liability under the contract, and

(b)becomes entitled to the return of any deposit, rent or other consideration given to the landlord in accordance with the contract.

(4)This section is a fundamental provision which is incorporated as a term of all occupation contracts.

153Termination by agreementE+W

(1)If the landlord and the contract-holder under an occupation contract agree to end the contract, the contract ends—

(a)when the contract-holder gives up possession of the dwelling in accordance with the agreement, or

(b)if he or she does not give up possession and a substitute occupation contract is made, immediately before the occupation date of the substitute occupation contract.

(2)An occupation contract is a substitute occupation contract if—

(a)it is made in respect of the same (or substantially the same) dwelling as the original contract, and

(b)a contract-holder under it was also a contract-holder under the original contract.

(3)This section is a fundamental provision which is incorporated as a term of all occupation contracts.

154Repudiatory breach by landlordE+W

(1)If the landlord under an occupation contract commits a repudiatory breach of contract and the contract-holder gives up possession of the dwelling because of that breach, the contract ends when the contract-holder gives up possession of the dwelling.

(2)This section is a fundamental provision which is incorporated as a term of all occupation contracts.

155Death of sole contract-holderE+W

(1)If the sole contract-holder under an occupation contract dies, the contract ends—

(a)one month after the death of the contract-holder, or

(b)if earlier, when the landlord is given notice of the death by the authorised persons.

(2)The authorised persons are—

(a)the contract-holder's personal representatives, or

(b)the permitted occupiers of the dwelling aged 18 and over (if any) acting together.

(3)The contract does not end if under section 74 one or more persons are qualified to succeed the contract-holder.

(4)The contract does not end if, at the contract-holder's death, a family property order has effect which requires the contract-holder to transfer the contract to another person.

(5)If, after the contract-holder's death, the family property order ceases to have effect and there is no person qualified to succeed the contract-holder, the contract ends—

(a)when the order ceases to have effect, or

(b)if later, at the time the contract would end under subsection (1).

(6)This section is a fundamental provision which is incorporated as a term of all occupation contracts, except fixed term standard contracts that contain the provision mentioned in section 139(1) (transfer on death of sole contract holder); section 20 provides that this section—

(a)must be incorporated, and

(b)must not be incorporated with modifications.

156Death of landlord where occupation contract is a licenceE+W

An occupation contract which is a licence ends on the death of the landlord.