Explanatory note
England and Wales
(This note is not part of the Regulations)
These Regulations prescribe the procedures to be followed by landlords in connection with a review requested by a contract-holder of a decision to—
terminate an introductory standard contract or a prohibited conduct standard contract, under section 202 of the Renting Homes (Wales) Act 2016 (anaw 1) (“the Act”),
extend an introductory period of an introductory standard contract under paragraph 3 of Schedule 4 to the Act, and
extend a probation period of a prohibited conduct standard contract under paragraph 4 of Schedule 7 to the Act.
Regulation 3 provides that a review must be carried out by a person who was not involved in the original decision. It also requires that if the person carrying out the review and the person who made the original decision are both officers of the landlord, the person carrying out the review must hold a position in the landlord’s organisation senior to the person who made the original decision.
Regulation 4 enables a contract-holder to request a hearing and sets out how this right is to be exercised.
Regulation 5 sets out a contract-holder’s right to submit written representations.
Regulation 6 enables the hearing to be conducted virtually where the contract-holder consents.
Regulation 7 requires a landlord to give the contract-holder notice of the hearing and to consider, where relevant, whether the location of the hearing is reasonably convenient for the contract-holder.
Regulations 8 to 11 provide the details of the procedures to be followed in relation to a hearing. Regulation 8 sets out the procedure to be followed at a hearing, including a contract-holder’s rights. Regulation 9 details the procedure where a contact-holder or representative does not attend a hearing. Regulations 10 and 11 detail the procedures regarding postponement and adjournment, respectively.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Housing, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ.