Commentary on Sections Part 5 - Provisions Applying Only to Secure Contracts Chapter 5 - Prohibited Conduct Standard Contracts Section 116 - Order imposing periodic standard contract because of prohibited conduct and Section 117 - Conversion to secure contract
299.This section applies to a secure contract with a community landlord or registered charity, in circumstances where a contract-holder has breached the term incorporating section 55 (anti-social behaviour and other prohibited conduct).
300.Rather than pursue eviction, this section enables the landlord to apply to a court to seek an order to end the secure contract and impose in its place a ‘prohibited conduct standard contract’, which is a type of periodic standard contract. The court may only make such an order where it is satisfied that the breach occurred, it would otherwise have made an order for possession because of the breach, that the landlord will provide support to the contract-holder in order to prevent further prohibited conduct, and it considers it reasonable to make the order. The Welsh Ministers may issue guidance as to what might be included in a support programme.
301.A prohibited conduct standard contract will last for 12 months, referred to as the ‘probation period’. The probation period can be extended to 18 months (see Schedule 7).
302.At the end of the probationary period a prohibited conduct standard contract ends and is replaced by a secure contract, except where paragraph 3(9) of Schedule 7 applies. Paragraph 3(9) applies if a private landlord that is not a registered charity becomes the landlord before the end of the probation period. In those circumstances, the probation period will end, and the contract will continue as a standard contract (because of section 17(3)).
303.Schedule 7 makes further provisions relating to prohibited conduct standard contracts. The schedule sets out the procedure a landlord must follow to make an application for an order to the court, and explains how the terms of the prohibited conduct standard contract are determined. It also makes provisions regarding the probation period and how it can be extended. A contract-holder can ask the landlord to review the decision to extend the probation period, and can apply for a further review by the county court (if the landlord decides to confirm the decision to give the extension or fails to give a notice of the outcome of the review). A contact-holder may also, after six months, apply to the court for an order to end the probation period early.
304.The provisions in Schedule 7 about working out the probation period, about extending the probation period and about reviews and appeals are very similar to those in Schedule 4 (which deal with introductory standard contracts). See the notes on those provisions in Schedule 4 above.