Renting Homes (Wales) Act 2016

County court review of decision to extend probation period

6(1)This paragraph applies if a landlord, following a request for a review made in accordance with paragraph 5(2)—

(a)gives notice under paragraph 5(5) informing the contract-holder that the landlord has decided to confirm a decision to give a notice of extension under paragraph 4, or

(b)fails to give a notice in accordance with paragraph 5(5).

(2)The contract-holder may apply to the county court for a review of the decision to give the notice of extension.

(3)The application must be made—

(a)before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder notice under paragraph 5(5), or

(b)if no notice has been given in accordance with paragraph 5(5), before the end of the period of 14 days starting with the day after the date by which the landlord was required to give notice under that sub-paragraph.

(4)The county court may give permission for an application to be made after the end of the period allowed by sub-paragraph (3), but only if it is satisfied—

(a)where permission is sought before the end of that period, that there is a good reason for the contract-holder to be unable to make the application in time, or

(b)where permission is sought after that time, that there is a good reason for the contract-holder’s failure to make the application in time and for any delay in applying for permission.

(5)The county court may confirm or quash the decision to give the notice of extension.

(6)In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review.

(7)If the county court quashes the decision—

(a)the notice of extension is of no effect, and

(b)the county court may make any order the High Court could make when making a quashing order on an application for judicial review.

(8)If the county court quashes the decision and the landlord gives the contract-holder a further notice of extension under paragraph 4 before the end of the post-review period—

(a)the notice has effect as if given in accordance with paragraph 4(2) (other than for the purposes of paragraph 5(2)), and

(b)paragraph 5(5) is to be read as if it requires the landlord to notify the contract-holder of the outcome of a review under that paragraph before the end of the period of 14 days starting with the day on which the contract-holder requested the review.

(9)The post-review period is the period of 14 days beginning with the day on which the county court quashes the decision.