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The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022

W.S.I. 2022/907 · Made 12 August 2022 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2026.

Housing, Wales

Made 12 August 2022

Laid before the Senedd Cymru 16 August 2022

Coming into force 1 December 2022

The Welsh Ministers, in exercise of the powers conferred on them by section 255 of the Renting Homes (Wales) Act 2016f1, make the following Regulations.

Annotations to the whole text

Footnotes

f1

2016 anaw 1. Section 255(2) was amended by section 14 of and paragraphs 1 and 8 of Schedule 5 to the Renting Homes (Amendment) (Wales) Act 2021 (asc 3).

Contents

  1. 1Title and commencement
  2. 2Amendments
  3. 3Revocations
  4. Signature
  5. Schedule 1: Amendments consequential upon the commencement of the Renting Homes (Wales) Act 2016
  6. 1Rent Assessment Committees (England and Wales) Regulations 1971
  7. 2Secure Tenancies (Designated Courses) Regulations 1980
  8. 3Assured Tenancies (Notice to Tenant) Regulations 1981
  9. 4Rent Book (Forms of Notice) Regulations 1982
  10. 5Secure Tenancies (Right to Repair Scheme) Regulations 1985
  11. 6Landlord and Tenant Act 1954, Part II (Assured Tenancies) (Notices) Regulations 1986
  12. 7Assured Tenancies (Prescribed Amount) Order 1987
  13. 8Protected Shorthold Tenancies (Notice to Tenant) Regulations 1987
  14. 9Secure Tenancies (Notices) Regulations 1987
  15. 10Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988
  16. 11Housing Action Trust Areas (Tenant Notification) Regulations 1989
  17. 12Council Tax (Exempt Dwellings) Order 1992 Repealed
  18. 13Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994
  19. 14Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 1994
  20. 15Housing (Right to Manage) Regulations 1994
  21. 16Introductory Tenants (Review) Regulations 1997
  22. 17Rent Officers (Housing Benefit Functions) Order 1997
  23. 18Long Residential Tenancies (Supplemental Forms) Regulations 1997
  24. 19Long Residential Tenancies (Principal Forms) Regulations 1997
  25. 20Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001
  26. 21Allocation of Housing (Wales) Regulations 2003
  27. 22Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003
  28. 23Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006
  29. 24Housing (Tenancy Deposit Schemes) Order 2007
  30. 25Electricity and Gas (Carbon Emissions Reduction) Order 2008
  31. 26Consumer Protection from Unfair Trading Regulations 2008
  32. 27Community Infrastructure Levy Regulations 2010
  33. 28Rent Officers (Universal Credit Functions) Order 2013
  34. 29Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
  35. 30Insolvency (England and Wales) Rules 2016
  36. Schedule 2Revocations
  37. Explanatory note

1Title and commencementI1

(1)

The title of these Regulations is the Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022.

(2)

These Regulations come into force on 1 December 2022.

2AmendmentsI1

Schedule 1 (amendments consequential upon the commencement of the Renting Homes (Wales) Act 2016) has effect.

3RevocationsI1

Schedule 2 (revocations) has effect.

Signature

Julie James

Minister for Climate Change, one of the Welsh Ministers

1Rent Assessment Committees (England and Wales) Regulations 1971I1

The Rent Assessment Committees (England and Wales) Regulations 1971f1 are amended as follows—

(a)

in regulation 2f2 (interpretation), in paragraph (2), in the definition of “reference”, omit “or which is referred or made under section 6, 13, 14A or 22 of the Housing Act 1988”;

(b)

in regulation 2Af3 (1988 and 1989 Act references), in paragraph (1), omit “▪ section 6, 13, 14A or 22 of the Housing Act 1988;”.

2Secure Tenancies (Designated Courses) Regulations 1980I1

After regulation 1 of the Secure Tenancies (Designated Courses) Regulations 1980f1 (citation and commencement), insert—

“Application

1A.

These Regulations apply in relation to England only.”

3Assured Tenancies (Notice to Tenant) Regulations 1981I1

After regulation 1 of the Assured Tenancies (Notice to Tenant) Regulations 1981f1, insert—

“1A.

These Regulations apply in relation to England only.”

4Rent Book (Forms of Notice) Regulations 1982I1

In regulation 3(1)(d) of the Rent Book (Forms of Notice) Regulations 1982f1, at the beginning, insert “in the case of England only,”.

5Secure Tenancies (Right to Repair Scheme) Regulations 1985I1

After regulation 1 of the Secure Tenancies (Right to Repair Scheme) Regulations 1985f1, insert—

“1A.

These Regulations apply in relation to England only.”

6Landlord and Tenant Act 1954, Part II (Assured Tenancies) (Notices) Regulations 1986I1

After regulation 1 of the Landlord and Tenant Act 1954, Part II (Assured Tenancies) (Notices) Regulations 1986f1, insert—

“1A.

These Regulations apply in relation to England only.”

7Assured Tenancies (Prescribed Amount) Order 1987I1

After article 1 of the Assured Tenancies (Prescribed Amount) Order 1987f1, insert—

“1A.

This Order applies in relation to England only.”

8Protected Shorthold Tenancies (Notice to Tenant) Regulations 1987I1

After regulation 1 of the Protected Shorthold Tenancies (Notice to Tenant) Regulations 1987f1, insert—

“1A.

These Regulations apply in relation to England only.”

9Secure Tenancies (Notices) Regulations 1987I1

After regulation 1 of the Secure Tenancies (Notices) Regulations 1987f1, insert —

“1A.

These Regulations apply in relation to England only.”

10Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988I1

After article 1 of the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988f1, insert—

“1A.

This Order applies in relation to England only.”

11Housing Action Trust Areas (Tenant Notification) Regulations 1989I1

The Housing Action Trust Areas (Tenant Notification) Regulations 1989f1 are amended as follows—

(a)

in regulation 2 (prescribed descriptions of tenants)—

(i)

for the heading, substitute “Prescribed descriptions of tenants (England)”;

(ii)

for “The descriptions”, substitute “In relation to England, the descriptions”;

(b)

after regulation 2, insert—

“Prescribed descriptions of tenants (Wales)

3.

In relation to Wales, the descriptions of tenants prescribed for the purposes of section 61(2) of the Housing Act 1988f2 are the tenants of a local housing authority who would be secure contract-holders but for the effect of—

(a)

paragraph 7(3)(a) of Schedule 2 to the Renting Homes (Wales) Act 2016f3 (business tenancies), or

(b)

paragraph 7(3)(g) of Schedule 2 to the Renting Homes (Wales) Act 2016 (long tenancies).”

12Council Tax (Exempt Dwellings) Order 1992F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994I1

After regulation 1 of the Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994f1 (citation and commencement), insert—

“Application

1A.

These Regulations apply in relation to England only.”

14Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 1994I1

After regulation 1 of the Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 1994f1 (citation and commencement), insert—

“Application

1A.

These Regulations apply in relation to England only.”

15Housing (Right to Manage) Regulations 1994I1

The Housing (Right to Manage) Regulations 1994f1 are amended as follows—

(a)

in regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(i)

at the appropriate places in alphabetical order, insert—

  • ““contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 (see also section 48) of that Act);”;

  • ““secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);”;

(ii)

omit the definition of “secure tenancy”;

(iii)

in the definition of “tenant”, for “secure tenancy”, substitute “secure contract”;

(b)

in regulation 2 (proposal notice)—

(i)

in paragraph (1), in the words before paragraph (a), for “secure tenancies”, substitute “secure contracts”;

(ii)

in paragraph (5)(b), for “secure tenants”, substitute “contract-holders under a secure contract”;

(iii)

in paragraph (5)(c), for “secure tenants”, substitute “contract-holders under a secure contract”;

(c)

in regulation 4 (procedure following proposal notice)—

(i)

in paragraph (5), for “secure tenants”, substitute “contract-holders under a secure contract”;

(ii)

in paragraph (13), for “secure tenants”, substitute “contract-holders under a secure contract”.

16Introductory Tenants (Review) Regulations 1997I1

After regulation 1 of the Introductory Tenants (Review) Regulations 1997f1 (citation, commencement and interpretation), insert—

“Application

1A.

These Regulations apply in relation to England only.”

17Rent Officers (Housing Benefit Functions) Order 1997I1

The Rent Officers (Housing Benefit Functions) Order 1997f1 is amended as follows—

(a)

in article 2(1)f2 (interpretation), at the appropriate place in alphabetical order, insert—

  • ““introductory standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act;”;

  • ““occupation contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 7 of that Act);”;

  • ““private landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 10 of that Act);”;

  • ““private registered provider of social housing” has the meaning given by section 80(3) of the Housing and Regeneration Act 2008f3;”;

  • ““registered social landlord” means a person registered in the register maintained under section 1 of the Housing Act 1996f4;”;

  • ““secure contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act);”;

  • ““standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), but does not include—

    1. (a)

      an introductory standard contract,

    2. (b)

      a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act), or

    3. (c)

      a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);”;

(b)

in Schedule 1—

(i)

in paragraph 3(3)f5 (exceptionally high rents), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(ii)

in paragraph 3(4)f6, after “assured tenancies”, insert “or occupation contracts”;

(iii)

in paragraph 4(1) (local reference rents)—

(aa)

in paragraph (a) in the definition of H (highest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(bb)

in paragraph (a) in the definition of L (lowest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(iv)

in paragraph 4(2)(a)f7, after “assured tenancy”, insert “or occupation contract”;

(v)

in paragraph 4(2)(b)(i), after “assured tenancy”, insert “or occupation contract”;

(vi)

in paragraph 4(2)(b)(ii), after “assured tenancy”, insert “or occupation contract”;

(vii)

in paragraph 4(2)(b)(iii), after “assured tenancy”, insert “or occupation contract”;

(viii)

in paragraph 4(2)(b)(iv), after “assured tenancy”, insert “or occupation contract”;

(ix)

in paragraph 5(1) (single room rents)—

(aa)

in paragraph (a) in the definition of H (highest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(bb)

in paragraph (a) in the definition of L (lowest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(x)

in paragraph 5(2)(a)f8, after “assured tenancy”, insert “or occupation contract”;

(xi)

in paragraph 5(2)(b), after “assured tenancy”, insert “or occupation contract”;

(xii)

in paragraph 8(1) (housing associations etc.), for “In a case”, substitute “In relation to England, in a case”;

(xiii)

after paragraph 8(1), insert—

“(1A)

In relation to Wales, in a case where the local authority states in the application that the landlord is a housing association, a community landlord, or a charity, the rent officer shall assume that the landlord is not such a body.”;

(xiv)

in paragraph 8(2), for “The rent officer”, substitute “In relation to England, the rent officer”;

(xv)

after paragraph 8(2), insert—

“(2A)

In relation to Wales, the rent officer shall not take into account the rent under any occupation contract where the landlord is a housing association or a community landlord, or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.”;

(xvi)

in paragraph 8(3), at the appropriate place in alphabetical order, insert—

  • ““community landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 9 of that Act);”;

(xvii)

in paragraph 11(1) (indicative rent levels)—

(aa)

in paragraph (a) in the definition of H (highest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(bb)

in paragraph (a) in the definition of L (lowest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,;

(c)

in Schedule 3Bf9 (broad rental market area determinations and local housing allowance determinations), in paragraph 2f10 (local housing allowance for category of dwelling in paragraph 1)—

(i)

for sub-paragraph (4), substitute—

“(4)

The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)

for each category of dwelling specified in paragraph 1—

(i)

in England, let under an assured tenancy, or

(ii)

in Wales—

(aa)

before the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, let under an assured tenancy, or

(bb)

on or after that day, let under a relevant occupation contract; and

(b)

in the 12 month period ending on the 30th day of the September preceding the date of the determination.”;

(ii)

in sub-paragraph (5)(a), in the words before sub-paragraph (i), after “assured tenancy”, insert “or a relevant occupation contract, as the case may be,”;

(iii)

in sub-paragraph (5)(a)(i), after “assured tenancy”, insert “or relevant occupation contract”;

(iv)

in sub-paragraph (5)(a)(iii), after “assured tenancy”, insert “or relevant occupation contract”;

(v)

after sub-paragraph (10), insert—

“(11)

In this paragraph, “relevant occupation contract” means—

(a)

a secure contract in relation to which the landlord is a registered social landlord, a private registered provider of social housing, or a private landlord,

(b)

a standard contract, or

(c)

an introductory standard contract in relation to which the landlord is a registered social landlord or a provider of social housing.”;

(d)

in Schedule 4 (special cases)—

(i)

in paragraph 1(a) (houseboats), for “or an assured tenancy”, substitute “, an assured tenancy or an occupation contract”;

(ii)

in paragraph 2(a) (mobile homes), for “or an assured tenancy”, substitute “, an assured tenancy or an occupation contract”.

18Long Residential Tenancies (Supplemental Forms) Regulations 1997I1

In the Long Residential Tenancies (Supplemental Forms) Regulations 1997f1, in the Schedule (prescribed forms), Form 8 ((long residential tenancies) landlord’s notice requiring consent of other landlord to notice terminating long residential tenancy) is amended as follows—

(a)

in the first bullet point, for “assured monthly periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(b)

in paragraph 4, for “assured monthly periodic tenancy”, substitute “[assured monthly periodic tenancy in England]/[periodic standard contract in Wales]”;

(c)

in Note 3, after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”.

19Long Residential Tenancies (Principal Forms) Regulations 1997I1

The Long Residential Tenancies (Principal Forms) Regulations 1997f1 are amended as follows—

(a)

in regulation 2 (interpretation)—

(i)

the existing provision becomes paragraph (1);

(ii)

after that paragraph, insert—

“(2)

In these Regulations, “periodic standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act).”;

(b)

in regulation 3 (forms)—

(i)

in paragraph (a), after “assured monthly periodic tenancy”, insert “or a periodic standard contract”;

(ii)

in paragraph (d), after “assured F1... periodic tenancy”, insert “or a periodic standard contract”;

(iii)

in paragraph (e)f2, after “assured F2... periodic tenancy”, insert “or a periodic standard contract”;

(c)

in the Schedule (prescribed forms)—

(i)

in Form 1f3 ((long residential tenancies) landlord’s notice terminating long residential tenancy and proposing assured tenancy)—

(aa)

in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb)

in the first bullet point, for “an assured periodic tenancy”, substitute “[an assured periodic tenancy in England]/[a periodic standard contract in Wales]”;

(cc)

in paragraph 10, for “an assured monthly periodic tenancy”, substitute “[an assured monthly periodic tenancy in England]/[a periodic standard contract in Wales]”;

(dd)

in paragraph 11, for “assured tenancy”, substitute “[assured tenancy in England]/[periodic standard contract in Wales]”;

(ee)

in Note 13, after “assured tenancy”, insert “in England/periodic standard contract in Wales”

(ff)

in Note 14, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(gg)

in Note 14, after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(hh)

in Note 15, after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii)

in Form 3f4 ((long residential tenancies) landlord’s notice proposing an interim monthly rent after notice terminating long residential tenancy)—

(aa)

in Note 2, in paragraph (b), after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(bb)

in Note 2, in the words after paragraph (b), after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(cc)

in Note 5, in the words before the first paragraph (a), after “monthly periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(dd)

in Note 5, in the first paragraph (c), after “non-shorthold assured tenancy”, insert “in England,”;

(ee)

in Note 5, in the first paragraph (c), at the end, insert “or a periodic standard contract that does not incorporate section 173f5 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(iii)

in Form 4f6 ((long residential tenancies) tenant’s notice proposing different terms or rent for an assured tenancy)—

(aa)

in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb)

in the first bullet point, for “assured monthly periodic tenancy”, substitute “[assured monthly periodic tenancy in England]/[periodic standard contract in Wales]”;

(cc)

in paragraph 3, for “assured monthly periodic tenancy”, substitute “[assured monthly periodic tenancy in England]/[periodic standard contract in Wales]”;

(dd)

in Note 1, after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(ee)

in Note 2, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ff)

in Note 4, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(gg)

in Note 4, in paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(hh)

in Note 5, after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii)

in Note 6, after “assured periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(iv)

in Form 5f7 ((long residential tenancies) landlord’s application referring tenant’s notice proposing different terms or rent for a proposed assured tenancy to a Tribunal)—

(aa)

in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb)

in paragraph 4(b), for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(cc)

in paragraph 4(c), for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(dd)

in paragraph 6, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ee)

in paragraph 7, for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(ff)

in Note 2, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(gg)

in Note 2, in paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(hh)

in Note 2, in the words after paragraph (c), after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii)

in Note 3, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(jj)

in Note 3, in the first paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(kk)

in Note 4, after “assured periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(v)

in Form 6 ((long residential tenancies) notice by rent assessment committee requiring further information), in paragraph 2, for “assured periodic tenancy”, in each place it occurs, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”.

20Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001I1

In the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001f1, in the Schedule (arrangements not amounting to a collective investment scheme), in paragraph 7f2 (certain funds relating to leasehold property)—

(a)

at the end of F1sub-paragraph (a), omit “or”;

(b)

for the full stop at the end of sub-paragraph (b), substitute

“; or

(c)

in money held in an authorised deposit scheme within the meaning of section 47 (deposit schemes: interpretation) of the Renting Homes (Wales) Act 2016.”

21Allocation of Housing (Wales) Regulations 2003I1

The Allocation of Housing (Wales) Regulations 2003f1 are amended as follows—

F1(a)

in regulation 2 (interpretation)—

“(i)

after the definition of “the Common Travel Area”, omit “and”;

(ii)

for the full stop at the end of the definition of “the immigration rules”, substitute “; and”;

(iii)

after the definition of “the immigration rules”, insert—

  • ““secure contract” (“contract diogel”) has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act).””

(b)

in regulation 3 (cases where the provisions of Part VI of the Act do not apply), in paragraph (b), for “secure tenancy”, substitute “secure contract”.

22Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003I1

The Local Authorities (Capital Finance and Accounting (Wales) Regulations 2003f1 are amended as follows—

(a)

in regulation 1 (name, commencement, application and interpretation), in paragraph (4)f2, at the appropriate places in alphabetical order, insert—

  • ““introductory standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 16 of that Act);”;

  • ““secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act);”;

(b)

in regulation 10 (pooling of receipts from disposals of housing land), in paragraph (9)(d)f3, for the definition of “relevant lease”, substitute—

  • ““relevant lease” means—

    1. (i)

      a secure contract,

    2. (ii)

      an introductory standard contract, or

    3. (iii)

      any other lease, other than a shared ownership lease within the meaning given to it in paragraph (9)(b).”

23Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006I1

In the Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006f1, in article 2f2 (exempt tenancies or licences for the purposes of Part 3 of the Housing Act 2004), in paragraph (1)(b), omit “, which cannot be an assured tenancy by virtue of section 1(2) of that Act”.

24Housing (Tenancy Deposit Schemes) Order 2007I1

In the Housing (Tenancy Deposit Schemes) Order 2007f1, after article 1 (citation and commencement), insert—

“Application

1A.

This Order applies in relation to England only.”

25Electricity and Gas (Carbon Emissions Reduction) Order 2008I1

In the Electricity and Gas (Carbon Emissions Reduction) Order 2008f1, in Schedule 1 (meaning of householder), paragraph 1 is amended as follows—

(a)

at the end of sub-paragraph (b), omit “or”;

(b)

after sub-paragraph (b), insert—

“(bb)

in the case of Wales only, a holder of a secure contract (within the meaning given by section 8 of the Renting Homes (Wales) Act 2016), or an introductory standard contract (within the meaning given by section 16 of the Renting Homes (Wales) Act 2016), except where the landlord is—

(i)

a private registered provider of social housing (within the meaning given by section 80(3) of the Housing and Regeneration Act 2008f2);

(ii)

a registered social landlord (being a person registered in the register maintained under section 1 of the Housing Act 1996f3); or

(iii)

a private landlord (within the meaning given by section 10 of the Renting Homes (Wales) Act 2016); or”.

26Consumer Protection from Unfair Trading Regulations 2008I1

Regulation 27Cf1 of the Consumer Protection from Unfair Trading Regulations 2008f2 (what immoveable property is covered by this Part?), is amended as follows—

(a)

in paragraph (2), omit “and Wales”;

(b)

after paragraph (6), insert—

“(7)

In this regulation “relevant lease” in relation to Wales means—

(a)

a standard contract, within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), or

(b)

a lease under which accommodation is let as holiday accommodation.

(8)

But none of the following are relevant leases for the purposes of paragraph (7)(a)—

(a)

an introductory standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act);

(b)

a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act);

(c)

a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);

(d)

a lease under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department;

(e)

a lease granted to a person as a result of the exercise by a local housing authority within the meaning of the Housing (Wales) Act 2014f3 of its functions under Part 2 (homelessness) of that Act;

(f)

a lease of a dwelling-house or part of a dwelling-house—

(i)

granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or part or of the cost of providing it, or

(ii)

under which the contract-holder (or the contract-holder’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house or part.”

27Community Infrastructure Levy Regulations 2010I1

In the Community Infrastructure Levy Regulations 2010f1, regulation 49f2 (social housing relief), is amended as follows—

(a)

in paragraph (3)(a), after “a demoted tenancy”, insert “or a prohibited conduct standard contract”;

(b)

in paragraph 3(b), after “an introductory tenancy”, insert “or an introductory standard contract”;

(c)

in paragraph 3(c), after “a secure tenancy”, insert “or a secure contract”;

(d)

for paragraph (7)(a)(i), substitute—

“(i)

a secure contract, a standard contract or an introductory standard contract;”;

(e)

omit paragraph (7)(a)(ii);

(f)

for paragraph (7)(a)(iii) substitute—

“(iii)

a prohibited conduct standard contract, and”;

(g)

omit paragraph (7)(a)(iv);

(h)

at the end of paragraph (7A)(a)(i), insert “, a secure contract, a standard contract or a prohibited conduct standard contract”;

(i)

in paragraph (11), at the appropriate places in alphabetical order, insert—

  • ““introductory standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act);”;

  • ““prohibited conduct standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act);”;

  • ““secure contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act);”;

  • ““standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), but does not include—

    1. (a)

      an introductory standard contract,

    2. (b)

      a prohibited conduct standard contract, or

    3. (c)

      a supported standard contract;”;

  • ““supported standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);”.

28Rent Officers (Universal Credit Functions) Order 2013I1

The Rent Officers (Universal Credit Functions) Order 2013f1 is amended as follows—

(a)

in article 2f2 (interpretation)—

(i)

in the definition of “assured tenancy”, in paragraph (a), omit the words “and Wales”;

(ii)

at the appropriate place in alphabetical order, insert—

  • ““introductory standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act);”;

  • ““private landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 10 of that Act);”;

  • ““private registered provider of social housing” has the meaning given by section 80(3) of the Housing and Regeneration Act 2008f3;”;

  • ““registered social landlord” means a person registered in the register maintained under section 1 of the Housing Act 1996f4;”;

  • ““secure contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act);”;

  • ““standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), but does not include—

    1. (a)

      an introductory standard contract,

    2. (b)

      a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act), or

    3. (c)

      a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);”;

(b)

in Schedule 1 (local housing allowance determinations), in paragraph 3f5 (rent at the 30th percentile)—

(i)

for sub-paragraph (3), substitute—

“(3)

The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a)

for each category of dwelling specified in paragraph 1—

(i)

in England, let under an assured tenancy, or

(ii)

in Wales—

(aa)

before the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, let under an assured tenancy, or

(bb)

on or after that day, let under a relevant occupation contract; and

(b)

in the 12 month period ending on the 30th day of the September preceding the date of the determination.”;

(ii)

in sub-paragraph (5), in the words before paragraph (a), after “assured tenancy”, insert “or a relevant occupation contract, as the case may be,”;

(iii)

in sub-paragraph (5)(a), after “assured tenancy”, insert “or relevant occupation contract”;

(iv)

in sub-paragraph (5)(c), after “assured tenancy”, insert “or relevant occupation contract”;

(v)

after sub-paragraph (10), insert—

“(11)

In this paragraph, “relevant occupation contract” means—

(a)

a secure contract in relation to which the landlord is a registered social landlord, a private registered provider of social housing, or a private landlord,

(b)

a standard contract, or

(c)

an introductory standard contract in relation to which the landlord is a registered social landlord or a private registered provider of social housing.”

29Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015I1

In the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015f1 in regulation 9 (circumstances in which a request for consent to relevant energy efficiency improvements may not be made), in paragraph (1)(c)(i), after “the Housing Act 1988”, insert “or section 150f2, section 173f3, section 186f4 or section 194f5 of the Renting Homes (Wales) Act 2016”.

30Insolvency (England and Wales) Rules 2016I1

In the Insolvency (England and Wales) Rules 2016f1, in rule 9.9 (property to be excluded in determining the value of a debtor’s property), paragraph (1)f2 is amended as follows—

(a)

at the end of sub-paragraph (i), omit “and”;

(b)

after sub-paragraph (i), insert—

“(ia)

a standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act) and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 1977f3;

(ib)

a secure contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act) which is not capable of being assigned except—

(i)

in the case mentioned in section 251 of the Renting Homes (Wales) Act 2016 (family property order),

(ii)

in accordance with section 92 of the Housing Act 1985f4 (assignment by way of exchange), or

(iii)

in accordance with section 114 of the Renting Homes (Wales) Act 2016 (transfer to potential successor); and”.

Schedule 2RevocationsI1

F1Table ...

TitleCitationExtent of revocation
Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997S.I. 1997/194Whole S.I.
Combined Fire Authorities (Secure Tenancies) (Wales) Regulations 1998S.I. 1998/2214Whole S.I.
Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) Regulations 2003S.I. 2003/307 (W. 46)Whole S.I.
Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005S.I. 2005/1228 (W. 86)Whole S.I.
Introductory Tenancies (Review of Decisions to Extend a Trial Period) (Wales) Regulations 2006S.I. 2006/2983 (W. 274)Whole S.I.
Housing (Tenancy Deposits) (Specified Interest Rate) Order 2007S.I. 2007/798Whole S.I.
Assured Tenancies (Amendment of Rental Threshold) (Wales) Order 2011S.I. 2011/1409 (W. 169)Whole S.I.
Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) Regulations 2014S.I. 2014/374 (W. 42)Whole S.I.
Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) (No 2) Regulations 2014S.I. 2014/910 (W. 89)Whole S.I.
Secure Tenancies (Absolute Ground for Possession for Anti-Social Behaviour) (Review Procedure) (Wales) Regulations 2014S.I. 2014/3278 (W. 335)Whole S.I.
The Housing Act 1985 (Amendment of Schedule 2A) (Serious Offences) (Wales) Order 2016

S.I. 2016/173

(W.74)

Whole S.I.
The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019

S.I. 2019/1151

(W. 201)

Whole S.I.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under section 255 of the Renting Homes (Wales) Act 2016 (anaw 1) (“the 2016 Act”).

The 2016 Act provides for most tenancies and licences of dwellings occupied by individuals as homes in Wales to be occupation contracts. Two types of occupation contract can exist under the 2016 Act: secure contracts (which are periodic contracts) or standard contracts (which are either fixed term or periodic contracts) (see sections 8 to 17 of the 2016 Act). Not all tenancies and licences of dwellings will be occupation contracts (see Schedule 2 to the 2016 Act). The 2016 Act also makes provision as to the terms of occupation contracts.

These Regulations make consequential amendments to secondary legislation to reflect the new provisions in the 2016 Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this instrument.