{
  "url": "https://openlegislation.uk/renting-homes-wales-act-2016-amendment-of-schedule-9a-regulations-2022/note",
  "json_url": "https://openlegislation.uk/renting-homes-wales-act-2016-amendment-of-schedule-9a-regulations-2022/note.json",
  "legislation": "wsi/2022/143",
  "legislation_title": "The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/renting-homes-wales-act-2016-amendment-of-schedule-9a-regulations-2022",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend Schedule 9A (standard contracts: restrictions on giving notice under section 173, under section 186, and under a landlord’s break clause) to the Renting Homes (Wales) Act 2016 (anaw 1) (“the Act”).\nSchedule 9A to the Act contains certain restrictions on giving notice under section 173 (landlord’s notice under a periodic standard contract), under section 186 (landlord’s notice in connection with end of fixed term contract within Schedule 9B) and under a landlord’s break clause in a fixed term standard contract (“relevant notices”). These restrictions relate to breaches of certain statutory obligations.\nPart 1 of Schedule 9A to the Act is a fundamental provision which must be incorporated, without modification, as a term of all—\n(a) periodic standard contracts which incorporate section 173 of the Act as a term of the contract,\n(b) fixed term standard contracts which incorporate section 186 of the Act as a term of the contract, and\n(c) fixed term standard contracts which have a landlord’s break clause (“relevant contracts”), subject to any provisions to the contrary set out in Part 1 of Schedule 9A to the Act.\nRegulations 3 and 4 of these Regulations insert new paragraphs 3A, 5A, 5B and 5C into Schedule 9A to the Act, which introduce new restrictions on the giving of relevant notices.\nThe new paragraph 3A of Schedule 9A to the Act is incorporated as a term of all relevant contracts where regulation 6(5) (requirement to give tenant a valid energy performance certificate) of the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (“EPB Regulations”) applies. Where a landlord has not complied with regulation 6(5) of the EPB Regulations, a landlord may not give a relevant notice. Sub-paragraph (3) clarifies that for the purposes of paragraph 3A it does not matter when the valid energy performance certificate was given by the landlord.\nThe new paragraph 5A of Schedule 9A to the Act is incorporated as a term of all relevant contracts in relation to which regulation 5 (smoke alarms and carbon monoxide alarms) of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (S.I. 2022/6 (W.4)) (“the Fitness for Human Habitation Regulations”) applies. Where a dwelling is treated as unfit for human habitation by virtue of regulation 5(3) of the Fitness for Human Habitation Regulations, and where the landlord is required under Part 4 of the Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation, a landlord may not give a relevant notice.\nThe new paragraph 5B of Schedule 9A to the Act is incorporated as a term of all relevant contracts in relation to which regulation 6 (electrical safety) of the Fitness for Human Habitation Regulations applies. Where a dwelling is treated as unfit for human habitation by virtue of regulation 6(6) of the Fitness for Human Habitation Regulations, and where the landlord is required under Part 4 of the Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation, a landlord may not give a relevant notice.\nThe new paragraph 5C of Schedule 9A to the Act is incorporated as a term of all relevant contracts in relation to which regulation 36 (duties of landlords) of the Gas Safety (Installation and Use) Regulations 1998 (S.I. 1998/2451) (“Gas Safety Regulations”) applies. Where a landlord has not complied with regulation 36(6) or (7) of the Gas Safety Regulations, a landlord may not give a relevant notice. Sub-paragraphs (3) and (4) set out the circumstances where a landlord, who has not complied with regulation 36(6) or (7) of the Gas Safety Regulations, is to be treated as in compliance with the relevant provision.\nRegulation 5 of these Regulations makes further related amendments to Schedule 9A to the Act.\nThe purpose of the amendments in regulation 5(2), (3), (4) and (5) are to clarify the types of occupation contracts which the restrictions in paragraphs 1 to 4 of Schedule 9A to the Act are a fundamental provision of.\nThe amendment in regulation 5(6) clarifies that the provisions of paragraph 7 of Schedule 9A to the Act (which sets out, in general terms, which occupation contracts Part 1 of Schedule 9A is a fundamental provision of), are subject to any provision to the contrary in Part 1 of Schedule 9A to the Act.\nThe 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.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2022/143/note",
    "retrieved_at": "2026-10-28T23:08:00.028326+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}