You can only refuse a contract transfer under the grounds laid out in Schedule 6 of the Renting Homes (Wales) Act, 2016 and under the terms and conditions of the occupation contract:
- The contract holder is in breach of their contract whereby they are in arrears until they pay off the arrears – however, conditional consent may be given if an agreement can be made regarding the repayment of arrears.
- The contract holder has broken the terms of their agreement until they put the breach right
- we have obtained a court order against the contract holder requiring them to leave the property
- we have served he contract holder with a notice that we intend to take court proceedings
- The contract holders’ home is larger than needed by the contract holder whom they are proposing to swap with
- we only provide the nominated property to certain categories of people (e.g. people with physical disabilities) and the contract holder whom you are proposing to transfer with does not fall into any of those categories
- we provide specialist support or specialist accommodation for people with special needs and if the contract holder transfers their contract, there would be no-one living in the property who has those needs.
The contract holder must be notified in writing of the reasons as to why they are not eligible to transfer and what they can do, if anything, to be considered for a transfer in the future.
Any other party involved, including other landlords, will also need to be advised in writing that the contract transfer has been refused, however they are not to be advised of the specific reasons due to GDPR.