The Coronavirus Act 2020 (Assured Tenancies and Assured Shorthold Tenancies, Extension of Notice Periods) (Amendment) (Wales) Regulations 2020

Welsh Statutory Instruments

2020 No. 778 (W. 172)

Housing, Wales

The Coronavirus Act 2020 (Assured Tenancies and Assured Shorthold Tenancies, Extension of Notice Periods) (Amendment) (Wales) Regulations 2020

Made

21 July 2020

Laid before Senedd Cymru

23 July 2020

Coming into force

24 July 2020

The Welsh Ministers make these Regulations in exercise of the power conferred by paragraph 13(1) of Schedule 29 to the Coronavirus Act 2020(1).

Title and commencement

1.—(1) The title of these Regulations is the Coronavirus Act 2020 (Assured Tenancies and Assured Shorthold Tenancies, Extension of Notice Periods) (Amendment) (Wales) Regulations 2020.

(2) These Regulations come into force on 24 July 2020.

Amendment of Schedule 29 to the Coronavirus Act 2020

2.—(1) Schedule 29 to the Coronavirus Act 2020 is amended as follows.

(2) In paragraph 6, in sub-paragraphs (c) and (d), after ““three months”” insert “in relation to a dwelling-house in England and “six months” in relation to a dwelling-house in Wales”.

(3) In paragraph 7—

(a) in sub-paragraph (a), after ““three months’”” insert “in relation to a dwelling-house in England and “six months’” in relation to a dwelling-house in Wales”;

(b) in sub-paragraph (b), after ““three months”” insert “in relation to a dwelling-house in England and “six months” in relation to a dwelling-house in Wales”.

(4) In paragraph 11—

(a) in sub-paragraph (a), for ““3 months”” substitute ““6 months””;

(b) in sub-paragraph (b)—

(i) in paragraph (i), for ““3 months”” substitute ““6 months””, and

(ii) in paragraph (ii), for ““three months”” substitute ““six months””.

Julie James

Minister for Housing and Local Government, one of the Welsh Ministers

21 July 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Schedule 29 to the Coronavirus Act 2020 (“the Act”) in respect of assured tenancies and assured shorthold tenancies in Wales. They amend paragraph 6(c) and (d) and paragraph 7(a) and (b) of Schedule 29 to the Act to extend the notice period a landlord must give a tenant under section 8(4A) or (4B) and section 21(1) or (4) of the Housing Act 1988 (“the 1988 Act”).

By virtue of paragraphs 6 and 7 of Schedule 29 to the Act, the extended notice periods apply during the relevant period. The “relevant period” is defined in paragraph 1 of Schedule 29 to the Act and may be amended in relation to Wales by the Welsh Ministers.

Regulation 2 amends the periods set out in paragraph 6(c) and (d) and paragraph 7(a) and (b) of Schedule 29 to the Act so that the period of notice required to be given under section 8(4A) or (4B) and section 21(1) or (4) of the 1988 Act is extended from three to six months. The extended notice period applies to notices given under section 8(4A) or (4B) and section 21(1) or (4) of the 1988 Act on or after the date that these Regulations come into force.

These Regulations also amend the notice periods set out in paragraph 11(a) and (b) of Schedule 29 to the Act. This has the effect of requiring the relevant references in Form 3 in the Schedule to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997, which is used when serving notice under section 8 of the 1988 Act, to be read as being 6 months.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

(1)

2020 c. 7. Schedule 29 is introduced by section 81 of the Act. By virtue of paragraph 1(3)(b) of Schedule 29, the Welsh Ministers are the “relevant national authority” in relation to Wales.