Search Legislation

Renting Homes (Fees etc.) (Wales) Act 2019

Changes over time for: SCHEDULE 1

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Renting Homes (Fees etc.) (Wales) Act 2019, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

(as introduced by section 4)

SCHEDULE 1E+WPermitted Payments

This schedule has no associated Explanatory Notes

RentE+W

1(1)A payment of rent under a standard occupation contract is a permitted payment.E+W

(2)But, subject as follows, if the amount of rent payable in respect of a relevant period (“P1”) is more than the amount of rent payable in respect of another relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment.

(3)Where there is more than one relevant period other than P1, P2 is whichever one of those other relevant periods is the period in respect of which the lowest amount of rent is payable.

(4)In a case where the duration of one relevant period (P1) differs from that of another (P2), to determine—

(a)whether a prohibited payment has been made by virtue of sub-paragraph (2), and

(b)if so, the amount of the prohibited payment,

the following steps are to be taken.

  • Step 1 For each of P1 and P2, the applicable daily rate of rent (the “ADR”) is to be calculated (and in the case of an amount that is not a whole number of pennies, then rounded up to the nearest penny) by dividing the total amount of rent for the period by the number of days in the period.

  • Step 2 If there is no difference between the ADR for each period, there is no prohibited payment.

  • Step 3 But if the ADR for P1 differs from that for P2, determine which of the rates is the lower (the “lower ADR”) and which is the higher (the “higher ADR”).

  • Step 4 For whichever period in respect of which the higher ADR is payable, calculate the amount of rent that would have been payable for it if rent had been payable in respect of that period at the lower ADR.

  • Step 5 Calculate the difference between the amount of rent calculated under Step 4, and the amount of rent actually payable in respect of the period in which the higher ADR is payable.

    The resulting amount is a prohibited payment by virtue of sub-paragraph (2).

(5)Where—

(a)rent is payable monthly in respect of P1 and P2, or P1 and P2 are both periods calculated by reference to the same number of calendar months, and

(b)the amount of rent payable in respect of P1 and P2 is the same,

P1 and P2 are to be treated for the purposes of Step 2 in sub-paragraph (4) as having the same ADR.

(6)No account is to be taken of any difference between the rent payable in respect of P1 and another relevant period to the extent that it results from a permitted variation of the rent.

(7)In sub-paragraph (6), “permitted variation”, in relation to rent payable under a standard occupation contract, means a variation made—

(a)by agreement between the landlord and the contract-holder;

(b)pursuant to a term in the contract which provides for variation of the rent under the contract;

(c)by or as a result of an enactment.

(8)In this paragraph—

(a)enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under—

(i)an Act of Parliament,

(ii)a Measure or an Act of the National Assembly for Wales, and

(b)relevant period”, in relation to a standard occupation contract, means any period in respect of which a payment of rent falls to be made.

Commencement Information

I1Sch. 1 para. 1 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Security depositE+W

2(1)A payment of a security deposit is a permitted payment.E+W

(2)In this Act, “security deposit” means money paid as security for—

(a)the performance of any obligations of a contract-holder, or

(b)the discharge of any liability,

arising under or in connection with an occupation contract.

(3)But if the amount of the security deposit exceeds the prescribed limit, the amount of the excess is a prohibited payment.

(4)In sub-paragraph (3), the “prescribed limit” means a limit specified by, or determined in accordance with, regulations.

Commencement Information

I2Sch. 1 para. 2 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Holding depositE+W

3E+WA payment of a holding deposit is a permitted payment.

Commencement Information

I3Sch. 1 para. 3 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

4E+WA holding deposit is an amount which—

(a)before the grant of a standard occupation contract, is paid to a landlord or a letting agent;

(b)is paid for the purpose of reserving a right of first refusal in relation to the granting of the contract, subject to suitability checks to be carried out as to the prospective contract-holder and agreement between the parties to enter into the contract;

(c)does not exceed an amount equivalent to one week's rent under the contract.

Commencement Information

I4Sch. 1 para. 4 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

5E+WWhere an amount required in purported compliance with this paragraph exceeds an amount equivalent to one week's rent under the contract, the amount of the excess is a prohibited payment, with the remainder falling to be treated under Schedule 2.

Commencement Information

I5Sch. 1 para. 5 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Payment in the event of defaultE+W

6(1)A payment that is required, under a standard occupation contract, to be made in the event of a default by the contract-holder is a permitted payment, but this is subject to sub-paragraph (3).E+W

(2)In this paragraph, “default” means—

(a)a failure by the contract-holder to make a payment by the due date to the landlord, or

(b)a breach by the contract-holder of a term of the contract.

(3)In the case of a default to which sub-paragraph (4) applies, if the amount of a payment required in the event of the default exceeds the prescribed limit, the amount of the excess is a prohibited payment.

(4)This sub-paragraph applies to—

(a)a failure by the contract-holder to make a payment of rent by the due date to the landlord;

(b)any additional description of default which is specified by regulations.

(5)In sub-paragraph (3), the “prescribed limit” means a limit specified by, or determined in accordance with, regulations.

Commencement Information

I6Sch. 1 para. 6 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Payment in respect of council taxE+W

7(1)A payment that a contract-holder is required to make to a billing authority in respect of council tax is a permitted payment if the contract-holder is liable to make the payment by virtue of any of sections 6, 8 or 9 of the Local Government Finance Act 1992 (c. 14).E+W

(2)In this paragraph “billing authority” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (see section 1(2) of that Act).

Commencement Information

I7Sch. 1 para. 7 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Payment in respect of provision of utilitiesE+W

8(1)A payment for or in connection with the provision of a utility is a permitted payment if—E+W

(a)it is required under a standard occupation contract, and

(b)it is made in respect of the dwelling subject to the contract.

(2)A payment towards energy efficiency improvements under a green deal plan (within the meaning of section 1 of the Energy Act 2011 (c.16)) is a permitted payment if—

(a)it is required under a standard occupation contract, and

(b)it is made in respect of the dwelling subject to the contract.

(3)In this Act “utility” means any of the following—

(a)electricity, gas or other fuel;

(b)water or sewerage.

Commencement Information

I8Sch. 1 para. 8 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Payment in respect of television licenceE+W

9(1)A payment that a contract-holder is required to make to the British Broadcasting Corporation in respect of a television licence is a permitted payment if the contract-holder is required by the contract to make the payment.E+W

(2)In this paragraph “television licence” means a licence for the purposes of section 363 of the Communications Act 2003 (c. 21).

Commencement Information

I9Sch. 1 para. 9 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Payment in respect of communication serviceE+W

10(1)A payment for or in connection with a communication service is a permitted payment if⁠—E+W

(a)it is required under a standard occupation contract, and

(b)it is made in respect of the dwelling subject to the contract.

(2)In this paragraph, a “communication service” means a service enabling any of the following to be used—

(a)a telephone other than a mobile telephone;

(b)the internet;

(c)cable television;

(d)satellite television.

Commencement Information

I10Sch. 1 para. 10 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Changing the meaning of “permitted variation” in paragraph 1E+W

11E+WIf regulations made under section 7 amend this Schedule so as to change the meaning of “permitted variation” for the purposes of paragraph 1, they may also make consequential amendments to Chapter 3 of Part 6 and Chapter 3 of Part 7 of the Renting Homes (Wales) Act 2016 (anaw 1) (variation of standard occupation contracts).

Commencement Information

I11Sch. 1 para. 11 in force at 1.9.2019 by S.I. 2019/1150, art. 2(c)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources