Remedy
Start free

Section 38: Incorrect statement: landlord's application to court for declaration that contract is a standard contract

Renting Homes (Wales) Act 2016 · 2016 anaw 1View on legislation.gov.uk

Part 3: PROVISIONS APPLYING TO ALL OCCUPATION CONTRACTS — CHAPTER 2: PROVISION OF INFORMATION

This section applies if the landlord under an occupation contract is a community landlord and has given the contract-holder—

a notice under section 13 (notice of standard contract), but
a written statement of the contract that is consistent with a secure contract.

The landlord may apply to the court for a declaration that the contract is a standard contract.

The court may not make the declaration if it is satisfied that, at the time the landlord gave the written statement to the contract-holder, it was the intention of the landlord that the contract should be a secure contract.

If the court makes the declaration each fundamental and supplementary provision applicable to the contract is incorporated as a term of the contract without modification, unless the contract-holder claims it was not incorporated or was incorporated with modifications.

If the contract-holder makes a claim of a kind mentioned in subsection (4), the court must determine that claim.

The court may—

attach a written statement of the occupation contract to its declaration, or
order the landlord to give the contract-holder a corrected written statement of the contract.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.