The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022

Rent Officers (Universal Credit Functions) Order 2013 E+W

28.  The Rent Officers (Universal Credit Functions) Order 2013(1) is amended as follows—

(a) in article 2(2) (interpretation)—

(i) in the definition of “assured tenancy”, in paragraph (a), omit the words “and Wales”;

(ii) at the appropriate place in alphabetical order, insert—

““introductory standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act);”;

““private landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 10 of that Act);”;

““private registered provider of social housing” has the meaning given by section 80(3) of the Housing and Regeneration Act 2008(3);”;

““registered social landlord” means a person registered in the register maintained under section 1 of the Housing Act 1996(4);”;

““secure contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act);”;

““standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), but does not include—

(a)

an introductory standard contract,

(b)

a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act), or

(c)

a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);”;

(b) in Schedule 1 (local housing allowance determinations), in paragraph 3(5) (rent at the 30th percentile)—

(i) for sub-paragraph (3), substitute—

“(3) The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a) for each category of dwelling specified in paragraph 1—

(i) in England, let under an assured tenancy, or

(ii) in Wales—

(aa) before the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force, let under an assured tenancy, or

(bb) on or after that day, let under a relevant occupation contract; and

(b) in the 12 month period ending on the 30^th day of the September preceding the date of the determination.”;

(ii) in sub-paragraph (5), in the words before paragraph (a), after “assured tenancy”, insert “or a relevant occupation contract, as the case may be,”;

(iii) in sub-paragraph (5)(a), after “assured tenancy”, insert “or relevant occupation contract”;

(iv) in sub-paragraph (5)(c), after “assured tenancy”, insert “or relevant occupation contract”;

(v) after sub-paragraph (10), insert—

“(11) In this paragraph, “relevant occupation contract” means—

(a) a secure contract in relation to which the landlord is a registered social landlord, a private registered provider of social housing, or a private landlord,

(b) a standard contract, or

(c) an introductory standard contract in relation to which the landlord is a registered social landlord or a private registered provider of social housing.”

Commencement Information

I1 Sch. 1 para. 28 in force at 1.12.2022, see reg. 1(2)

(1)

S.I. 2013/382.

(2)

Article 2 was amended by article 4 of the Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2013 (S.I. 2013/1544) and article 4 of the Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2014 (S.I. 2014/3126).

(3)

2008 c. 17. Section 80(3) was inserted by article 5 of and paragraph 5 of Schedule 1 to the Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (S.I. 2010/844).

(4)

1996 c. 52. Section 1 was amended by sections 140 and 152 of and paragraph 83 of Schedule 16 and Part VI of Schedule 18 to the Government of Wales Act 1998 (c. 38), sections 61 and 321 of and Schedule 16 to the Housing and Regeneration Act 2008 (c. 17).

(5)

Paragraph 3 was amended by article 4 of the Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2013 (S.I. 2013/2978). There are other amendments to Schedule 1 to S.I. 2013/382 which are not relevant to these Regulations.