Renting Homes (Wales) Act 2016

Determination of whether existing tenancy or licence is occupation contract E+W

2 (1) Schedule 2 applies to— E+W

(a) a tenancy or licence which immediately before the appointed day was a secure tenancy, an assured tenancy, an introductory tenancy or a demoted tenancy, and

(b) a tenancy which existed immediately before the appointed day but is not within paragraph (a),

as if paragraphs 3(2)(b) and 4 (care institutions) were omitted.

(2) Schedule 2 applies to a tenancy which immediately before the appointed day was a secure tenancy, an assured tenancy, an introductory tenancy or a demoted tenancy as if paragraphs 3(2)(c) and 5 (temporary expedients) were omitted.

[F1 (2A) Schedule 2 applies to a tenancy or licence which immediately before the appointed day was a secure tenancy or an assured tenancy as if paragraph 7(3)(k)(i) of that Schedule were omitted.]

(3) The landlord may, in relation to a tenancy or licence which existed immediately before the appointed day, give notice under paragraph 1 or 3 of Schedule 2 at any time before the end of the initial notice period.

(4) If the landlord does so, the tenancy or licence is to be treated as having become an occupation contract on the appointed day.

[F2 (5) Part 5 of Schedule 2 (special rules applying to supported accommodation) does not apply to—

(a) a tenancy which existed immediately before the appointed day;

(b) a licence which—

(i) immediately before the appointed day was a secure tenancy;

(ii) has a start date (within the meaning given in paragraph 13(5) of Schedule 2) falling more than 6 months before the appointed day.

(6) In their application to a tenancy or licence which immediately before the appointed day was an assured agricultural occupancy—

(a) section 7 (tenancies and licences that are occupation contracts) applies as if subsection (1)(b) (rent or other consideration must be payable) were omitted, and

(b) Schedule 2 applies as if paragraph 1(2) were omitted.]

Textual Amendments

F1 Sch. 12 para. 2(2A) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 4(a)

F2 Sch. 12 para. 2(5)(6) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 4(b)

Commencement Information

I1 Sch. 12 para. 2 in force at 1.12.2022 by S.I. 2022/906, art. 2

[F3 2A. (1) Section 7(6) and paragraph 7(2) of Schedule 2 do not apply to a licence where immediately before the appointed day— E+W

(a) the licensee was aged 16 or 17, and

(b) the licence was—

(i) a secure tenancy, or

(ii) an assured agricultural occupancy.

(2) Where sub-paragraph (1) applies, this Act applies to the contract-holder as if he or she were aged 18.]

Textual Amendments

F3 Sch. 12 para. 2A inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 5

Commencement Information

I2 Sch. 12 para. 2A in force at 1.12.2022 by S.I. 2022/906, art. 2