{
  "url": "https://openlegislation.uk/renting-homes-wales-act-2016/section-38",
  "json_url": "https://openlegislation.uk/renting-homes-wales-act-2016/section-38.json",
  "legislation": "anaw/2016/1",
  "legislation_title": "Renting Homes (Wales) Act 2016",
  "legislation_url": "https://openlegislation.uk/renting-homes-wales-act-2016",
  "path": "section/38",
  "kind": "section",
  "number": "38",
  "heading": "Incorrect statement: landlord's application to court for declaration that contract is a standard contract",
  "text": "(1) This section applies if the landlord under an occupation contract is a community landlord and has given the contract-holder—\n(a) a notice under section 13 (notice of standard contract), but\n(b) a written statement of the contract that is consistent with a secure contract.\n(2) The landlord may apply to the court for a declaration that the contract is a standard contract.\n(3) 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.\n(4) 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.\n(5) If the contract-holder makes a claim of a kind mentioned in subsection (4), the court must determine that claim.\n(6) The court may—\n(a) attach a written statement of the occupation contract to its declaration, or\n(b) order the landlord to give the contract-holder a corrected written statement of the contract.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 38 in force at 1.12.2022 by S.I. 2022/906, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/anaw/2016/1/section/38",
    "retrieved_at": "2026-10-29T20:18:17.774658+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}