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TITLE |
Implementation of the Renting Homes (Wales) Act 2016: laying of the affirmative instruments in the third tranche of subordinate legislation |
DATE |
21 June 2022 |
BY |
Julie James, Minister for Climate Change |
I
recently announced that the provisions of the Renting Homes (Wales)
Act 2016 would be brought into force on 1 December 2022.
Today, I have laid part of the third tranche of subordinate
legislation required to support the implementation of the 2016
Act.
There are seven substantive statutory instruments in this third tranche. The four instruments laid today are all being made via the Senedd’s affirmative procedure and are scheduled for plenary debate on 12 July 2022. They are:
The
Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022
This SI makes a series of amendments to Schedules 2, 3, 8A, 9, 9B and 9C of the 2016 Act.
These amendments
provide that tenancies or licences concerning certain kinds of
accommodation related to bail or probation, or to immigration and
asylum, are not occupation contracts. The amendments also reflect
some recent changes to the law relating to the provision of this
accommodation.
The
Renting Homes (Wales) Act 2016 (Amendment of Schedule 12)
Regulations 2022
Schedule
12 sets out arrangements for tenancies and licences currently in
existence which will convert into occupation contracts when the
2016 Act comes into force. The purpose of the Schedule is to
ensure that the transition is as seamless as possible and that the
parties to existing tenancies and licences are treated fairly when
their tenancy or licence undergoes conversion into an occupation
contract, with the correct balance being struck in respect of both
parties’ rights and obligations.
The
amendments being made by this SI include:
·
Protecting
the existing rights of 16 or 17 year olds who currently hold
a secure tenancy which is a licence, or an
assured agricultural occupancy which is a licence;
· Provision about which types of tenancy and licence can convert into supported standard contracts: only assured shorthold tenancies and licences will convert into supported standard contracts and where conversion does occur, not all of the provisions relating to supported standard contracts in the 2016 Act will apply to that converted contract;
·
Adding
Starter Tenancies to the list of current tenancies that will
convert into Introductory Standard Contracts;
·
Providing
that the deposit scheme requirements apply
only to converted assured shorthold tenancies, and making a range of provision about the rent
variation arrangements for certain types of tenancies;
·
Protecting,
as far as possible, the rights of any current holder of an Assured
Agricultural Occupancy; and
·
Ensuring
that for fixed term tenancies where the fixed term ends, and the
contract becomes periodic before 1 December, the current two-month
no-fault notice period will continue to apply after 1 December. For
fixed term contracts that convert on 1 December and then become
periodic (if the landlord does not seek possession at the end of
the fixed term by issuing a two-month no-fault notice), the
six-month notice will apply to the substitute periodic contract
that follows the fixed term.
·
The Renting Homes
(Wales) Act 2016 (Consequential Amendments) Regulations
2022
These
Regulations make amendments to primary legislation in consequence
of the provisions of the 2016 Act.
Generally, these
amendments either:
a. ensure that existing provision in primary legislation continues to have appropriate effect by
i.
referencing
relevant occupation contracts alongside references to existing
types of tenancies, or
ii. including the terminology used in the 2016 Act;
or,
b. where the provisions of the 2016 Act are intended to replace elements of existing law, or the existing law is incompatible that set out in the 2016 Act, by disapplying that law.
These amendments are necessary to implement the 2016 Act, provide coherence, clarity and ensure consistency of the law.
The
Renting Homes (Wales) Act 2016 (Housing Association Tenancies:
Fundamental Provisions) Regulations
2022
This
SI provides that the relevant sections of the 2016 Act dealing with
the variation of rent applicable to secure and periodic standard
contracts are not fundamental provisions of occupation contracts
that are housing association tenancies (within the meaning in
Part 6 of the Rent Act 1977 (“the 1977
Act”)).
This
SI also makes consequential amendments to the 2016 Act and to
section 93 of the 1977 Act. The overall effect of this SI is that
the current arrangements and protections which apply to the
variation of rent in relation these specific tenancies will
continue to apply.
All
of these statutory instruments can be accessed
here.
I will also shortly be laying three further implementation SIs. These are being made via the Senedd’s negative procedure so will not be subject to Senedd debate. I will publish a further written statement to alert Members when those SIs have been published.
Guidance,
and other resources for landlords and tenants can be accessed via
the Renting Homes Wales website: https://gov.wales/housing-law-changing-renting-homes.