The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2023

Amendments to the Rent Act 1977

2.—(1) The Rent Act 1977(1) is amended as follows.

(2) In section 2(2) (statutory tenants and tenancies) for subsection (1)(b), substitute—

“(b) Part 1 of Schedule 1 to this Act shall have effect for determining what person (if any)—

(i) is the statutory tenant of the dwelling-house, or (as the case may be),

(ii) in the case of a dwelling-house in England, is entitled to an assured tenancy of a dwelling-house by succession, or

(iii) in the case of a dwelling-house in Wales, is entitled to a secure contract of a dwelling-house by succession,

at any time after the death of a person who, immediately before that person’s death, was either a protected tenant of the dwelling-house or a statutory tenant of it by virtue of paragraph (a) above.”

(3) In section 152(3) (interpretation)—

(a) in subsection (1), at the appropriate place in alphabetical order, insert—

““secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);”, and

(b) after subsection (2) insert—

“(3) Section 239 of the Renting Homes (Wales) Act 2016 (anaw 1) abolishes, in relation to Wales, restricted contracts and protected shorthold tenancies and provides for the cessation of certain protected and statutory tenancies.”

(4) In Part 1 (statutory tenants by succession) of Schedule 1 (statutory tenancies)—

(a) in paragraph 3(1)(4)—

(i) after “shall” insert

“—

(a) in the case of a dwelling-house in England,”, and

(ii) after “succession” insert

“, or

(b) in the case of a dwelling-house in Wales, be entitled to a secure contract of the dwelling-house by succession”;

(b) in paragraph 5(5)—

(i) after “entitled” insert

“—

(a) in the case of a dwelling-house in England,”, and

(ii) after “succession” insert

“, or

(b) in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession”;

(c) in paragraph 6(1)(6)—

(i) after “entitled” insert

“—

(i) in the case of a dwelling-house in England,”, and

(ii) after “succession” insert

“, or

(ii) in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession”.

(1)

1977 c. 42.

(2)

Section 2 was amended by section 39(1) of the Housing Act 1988 (c. 50).

(3)

Section 152(1) was amended by section 152 of, and Schedule 26 to, the Housing Act 1980 (c. 51).

(4)

Paragraph 3(1) was amended by section 39 of, and paragraphs 2 and 3(a) to (c) of Part 1 of Schedule 4 to, the Housing Act 1988.

(5)

Paragraph 5 was amended by section 39 of, and paragraph 5 of Part 1 of Schedule 4 to, the Housing Act 1988.

(6)

Paragraph 6 was amended by section 39 of, and paragraph 6 of Part 1 of Schedule 4 to, the Housing Act 1988.