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TITLE |
Implementation of the Renting Homes (Wales) Act 2016: further Subordinate Legislation |
DATE |
15 July 2022 |
BY |
Julie James, Minister for Climate Change |
Earlier this week the Senedd approved the following pieces of subordinate legislation necessary to fully implement the Renting Homes (Wales) Act 2016:
·
the Renting Homes
(Wales) Act 2016 (Housing Association Tenancies: Fundamental
Provisions) Regulations 2022;
·
the Renting Homes
(Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022;
and
·
the Renting Homes
(Wales) Act 2016 (Amendment) Regulations
2022.
In
addition, on Monday 18 July I will be laying the Renting
Homes (Rent Determination) (Converted Contracts) (Wales)
Regulations 2022 (which do not require the approval of the
Senedd in plenary).
The purpose of these regulations is to preserve an entitlement which is currently available to certain tenants with an assured or assured shorthold tenancy: namely the ability to refer a rent variation notice from their landlord to a Rent Assessment Committee to seek a rent determination.
These
regulations will provide that when existing tenancies which include
such a provision convert into occupation contracts this entitlement
will carry over, and (as is currently the case) a Rent Assessment
Committee will be able to take into account a range of factors to
determine what, in its opinion, is an appropriate rent for the
dwelling. As is the case with current arrangements, unless
the landlord and tenant agree otherwise, the rent determined by the
Rent Assessment Committee will be the rent payable under the
contract.
I
have also re-laid today a revised version of the
Renting
Homes (Wales) Act 2016 (Consequential Amendments) Regulations
2022 which
take account of the Senedd’s Legislation Justice and
Constitution Committee reporting points and include an amendment to
the Energy Act 2011 which was omitted from the original version
laid on 21 June 2022. This SI is subject to the
Senedd’s affirmative procedure which means it will need to be
approved by the Senedd in plenary before it can be made. A
plenary debate is being scheduled as soon after summer recess as
possible, and I will issue a further written statement after that
has taken place confirming the outcome of the debate.
I have also published today – in draft form –
The
Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions)
Regulations 2022.
These
regulations make saving and transitional provisions in relation to
the 2016 Act. The purpose of these regulations is as
follows:
·
to
ensure that where particular processes relating to existing
tenancies and licences (for example possession proceedings) have
already been commenced on the date at which the 2016 Act comes into
force, these processes are able to be concluded in accordance with
the provisions of the legislative framework under which they were
initiated;
·
to
ensure that certain entitlements which exist in particular types of
current tenancies (for example a request for improvement) are
preserved so that the parties to these existing tenancies are
treated fairly when their tenancy undergoes conversion into an
occupation contract, with the correct balance being struck in
respect of both parties’ rights and obligations; and
·
to
confirm that certain provisions relating to temporary accommodation
will not apply until 12 months after the coming into force of the
2016 Act.
Whilst these regulations do not require the approval of the Senedd in plenary, they are being published in draft form today so that they are available to stakeholders in sufficient time ahead of the 1 December coming into force date. They are not being made in their final form until the Autumn as the final versions will include references to the two Consequential Amendments SIs which have not yet been made: no other changes to these regulations are anticipated. Again, I will publish a further written statement when this SI has been formally made in the autumn.
In August I will be making the Renting Homes (Wales) Act 2016
(Consequential Amendments to Secondary Legislation) Regulations
2022 – which are subject to the Senedd’s
negative procedure, meaning they do not have to approved by the
Senedd in plenary. Again, a further written statement will be
issued to advise members when these have been made.
Finally, I will also shortly be making the two Commencement Orders
necessary to bring the provisions of the 2016 Act fully into force
on 1 December 2022. Again, I will publish a further written
statement to alert Members when these have been
made.
All
of the statutory instruments made this week can be accessed
here.
Guidance, and other resources for landlords and tenants on the
Renting Homes (Wales) Act and subordinate legislation can be
accessed via the Renting Homes Wales website: https://gov.wales/housing-law-changing-renting-homes.