Regulation 3 Amendments to the Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022I1

The Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022^f1 are amended as follows.

For regulation 2 (interpretation), substitute—

“2.

In these Regulations—

• “the Act” (“y Ddeddf”) means the Renting Homes (Wales) Act 2016;

• “appointed day” (“y diwrnod penodedig”) has the meaning given by the Act (see section 242);

• “assured agricultural occupancy” (“meddiannaeth amaethyddol sicr”) has the meaning given by the Act (see paragraph 1^f2 of Schedule 12 to the Act);

• “assured tenancy” (“tenantiaeth sicr”) has the meaning given by the Act (see section 242^f3);

• “billing authority” (“awdurdod bilio”) has the meaning given by section 1(2) of the Local Government Finance Act 1992^f4;

• “category of dwellings” (“categori o anheddau”) has the meaning given by section 30(1) and (2) of the Local Government Finance Act 1992^f5;

• “dwelling” (“annedd”) has the meaning given by the Act (see section 246^f6);

• “hereditament” (“hereditament”) has the meaning given by section 3 of the Local Government Finance Act 1992;

• “landlord” (“landlord”) has the meaning given by the Act (see section 244(2));

• “relevant contract-holder” (“deiliad contract perthnasol”) means a contract-holder (which has the meaning given by the Act (see section 7(5)) under a relevant converted contract;

• “relevant converted contract” (“contract wedi ei drosi perthnasol”) has the meaning given by the Act (see paragraph 15(3)^f7 of Schedule 12 to the Act);

• “relevant improvement” (“gwelliant perthnasol”) means an improvement—

  1. (a)

     carried out during the relevant converted contract to which the notice under section 104 or 123 of the Act applies, or

  2. (b)

     which satisfies the following conditions—

     1. (i)

        the improvement was carried out not more than twenty-one years before the date of service of the notice under section 104 or 123 of the Act,

     2. (ii)

        at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice under section 104 or 123 of the Act, the dwelling has been let under a relevant converted contract, an assured tenancy or an assured agricultural occupancy, and

     3. (iii)

        on the coming to an end of an assured tenancy or an assured agricultural occupancy, at any time during that period, the tenant or licensee (or, in case of joint tenants or licensees, at least one of them) did not quit;

• “rent” (“rhent”) does not include—

  1. (a)

     any service charge within the meaning of section 18 of the Landlord and Tenant Act 1985^f8, or

  2. (b)

     any payments prohibited under section 4 of the Renting Homes (Fees etc.) (Wales) Act 2019^f9,

  but, subject to that, includes any sums payable by the relevant contract-holder to the landlord on account of the use of furniture, in respect of council tax or for any of the matters referred to in section 18(1)(a) of the Landlord and Tenant Act 1985^f10, whether or not those sums are separate from the sums payable for the occupation of the dwelling concerned or are payable under separate agreements;

• “rent assessment committee” (“pwyllgor asesu rhenti”) means a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977^f11.”

In regulation 6 (assumptions in accordance with which the rent assessment commitee must determine rent)—

In regulation 8 (consequential amendments to the Rent Assessment Committees (England and Wales) Regulations 1971)—

In the Schedule, in the prescribed form, after “8. Improvements”, for paragraph (a) substitute—

“(a)

Have you or any former tenant(s) or licensee(s) carried out improvements or replaced fixtures, fittings or furniture for which you or they were NOT responsible under the terms of the tenancy or licence/occupation contract?”.