The Long Residential Tenancies (Principal Forms) (Amendment) (Wales) Regulations 2003

Title, commencement and extent

1.—(1) These Regulations are called the Long Residential Tenancies (Principal Forms) (Amendment) (Wales) Regulations 2003 and shall come into force on 28th February 2003.

(2) These Regulations extend to Wales only.

Amendment

2.—(1) Forms 1 and 2 in the Schedule to the Long Residential Tenancies (Principal Forms) Regulations 1997(1) are amended as follows.

(2) For notes 2 and 3 at the end of each form, substitute—

• “Note 2: Schedule 10 to the Local Government and Housing Act 1989 provides that a tenant of residential property under a long residential tenancy has a right, at the end of the original term of the tenancy, to continue as a tenant on the same terms as before unless the landlord ends the tenancy in accordance with the provisions of that Act. But see also Note 3.

• Note 3: In certain circumstances, Schedule 10 does not apply and the landlord can end your tenancy by giving notice in accordance with the ordinary requirements of the law. These circumstances include cases where:

  (a)

  you pay more than a low rent (see paragraph 2(4) and (5) of Schedule 10) unless the property is a house and the tenancy has been extended under section 14 of the Leasehold Reform Act 1967, in which case Schedule 10 applies regardless of whether a low rent is being paid;

  (b)

  the property has a high rateable value (see paragraph 2 of Schedule 1 to the Housing Act 1988, unless the long tenancy was granted after 31st March 1990, in which case paragraph 1(2A) of Schedule 10 applies);

  (c)

  the tenancy does not meet certain requirements for the existence of an assured tenancy set out in Part 1 of Schedule 1 to the Housing Act 1988 — for instance because the landlord is the Crown, a local authority or another exempt landlord;

  (d)

  the property is a flat whose lease was extended under Chapter 2 of Part 1 of the Leasehold Reform Housing and Urban Development Act 1993, by virtue of section 59 of that Act.

• The above is not intended to give a full account of all the circumstances in which Schedule 10 does not apply. Legal advice should be sought if there is any doubt as to whether Schedule 10 applies in a particular case.”(2).

Application

3.  Nothing in these Regulations affects the validity of a notice served before the coming into force of these Regulations.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the National Assembly

5th February 2003