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  4. Can a contract holder swap with someone out of the area?
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  4. Can a contract holder swap with someone out of the area?

Can a contract holder swap with someone out of the area?

Yes, but there are different timescales since the Renting Home Act Wales came into effect in 2022.

Under the new Renting Homes (Wales) Act, if there is no additional information required, the CHO will have 1 month (including weekends) to consent to, give conditional consent to, or refuse an application in writing, and all property inspections should be carried out within this time. If additional information is required, 1 month starts from the date this information is received. Failure to respond by the deadline will result in the application being approved by default.

Applications must be signed by all joint contract holders before they will be considered and therefore a refusal should be made if an application is received without a signature from all joint contract holders.

In England, the 42 day allowance still remains. Therefore, if the incoming contract holder is from a property in England, in terms of the timescales, the 14 day/one month deadlines will apply to the application for consent for the incoming transfer to the Welsh property.

That means that as the Welsh landlord, Bron Afon will need to make its decision before the English one, ensuring all relevant checks have been completed. If there is a transfer planned, then the landlord is able to make the consent conditional upon the whole transaction going ahead. If that condition were applied, and the English landlord subsequently refused, then the consent would be null and void and the transfer would not be permitted.

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