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Renting Homes (Wales) Act 2016

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This is the original version (as it was originally enacted).

71Effect of unauthorised transfer
This section has no associated Explanatory Notes

(1)This section applies to—

(a)a transfer of an occupation contract by the contract-holder to a person (“P”) which is not in accordance with the contract, and

(b)a transfer by a joint contract-holder of his or her rights and obligations under an occupation contract to a person (“P”) which is not in accordance with the contract.

(2)If the landlord accepts payments from P in respect of P’s occupation of the dwelling, at a time when the landlord (or in the case of joint landlords, any one of them)—

(a)knows that the transfer was not made in accordance with the contract, or

(b)ought reasonably to know that the transfer was not made in accordance with the contract,

the transfer becomes binding on the landlord on the day immediately after the last day of the relevant period.

(3)Section 70 applies as if—

(a)the transfer was made in accordance with the contract and section 69, and

(b)the transfer date was the day immediately after the last day of the relevant period.

(4)The relevant period is the period of two months starting with the day on which payments are first accepted as described in subsection (2).

(5)Subsections (2) and (3) do not apply if before the end of the relevant period the landlord⁠—

(a)takes steps to end the occupation contract, or

(b)brings proceedings to evict P as a trespasser or otherwise shows an intention to treat P as a trespasser.

(6)References in this section to a transfer include a purported transfer which does not comply with section 69.

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