# Renting Homes (Wales) Act 2016, Section 38: Incorrect statement: landlord's application to court for declaration that contract is a standard contract


(1) This section applies if the landlord under an occupation contract is a community landlord and has given the contract-holder—
(a) a notice under section 13 (notice of standard contract), but
(b) a written statement of the contract that is consistent with a secure contract.
(2) The landlord may apply to the court for a declaration that the contract is a standard contract.
(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.
(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.
(5) If the contract-holder makes a claim of a kind mentioned in subsection (4), the court must determine that claim.
(6) The court may—
(a) attach a written statement of the occupation contract to its declaration, or
(b) order the landlord to give the contract-holder a corrected written statement of the contract.

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Source: https://www.legislation.gov.uk/anaw/2016/1/section/38 (the official version)
Page: https://openlegislation.uk/renting-homes-wales-act-2016/section-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.