2020 No. 1044 (W. 233)
The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020
Made
Laid before Senedd Cymru
Coming into force
PART 1INTRODUCTION
Title and coming into force1
1
The title of these Regulations is the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Wales) Regulations 2020.
2
These Regulations come into force on 29 September 2020.
Meaning of references to “Schedule 29”2
In these Regulations, a reference to “Schedule 29” is a reference to Schedule 29 to the Coronavirus Act 2020 (Residential Tenancies in England and Wales: Protection from Eviction).
PART 2EXTENSION OF RELEVANT PERIOD
Extension of the relevant period in Schedule 293
In paragraph 1(1)(b)(ii) of Schedule 29 (meaning of “relevant period” in relation to Wales), for “30 September 2020” substitute “31 March 2021”.
PART 3NOTICE PERIODS: AMENDMENTS TO MODIFICATIONS MADE BY SCHEDULE 29
RENT ACT 1977 PROTECTED TENANCIES AND STATUTORY TENANCIES
Amendment of modifications made to section 5(1) of the Protection from Eviction Act 19774
1
Paragraph 2 of Schedule 29 is amended as follows.
2
In sub-paragraph (1) (notice period for Rent Act notices to quit)—
a
omit “the reference to 4 weeks were a reference to”;
b
in paragraph (a), after “in relation to premises in England,” insert “the reference to 4 weeks were a reference to”;
c
in paragraph (b), for “3 months”, substitute “for paragraph (b) there were substituted—
b
it is given—
i
not less than four weeks before the date on which it is to take effect where the notice to quit specifies that the landlord is of the opinion that the circumstance specified in Case 2 in Schedule 15 to the Rent Act 1977 applies (whether or not any other circumstance specified in that Schedule applies), and
ii
where sub-paragraph (i) does not apply, not less than six months before the date on which it is to take effect.”;
Amendment of modifications made to section 3 of the Rent Act 19775
1
Paragraph 2 of Schedule 29 is amended as follows.
2
In sub-paragraph (3) (notice period for possession proceedings in relation to Rent Act 1977 statutory tenancies)—
i
in inserted subsection (4A)(b)(ii) of the modification, for “, at least three months” substitute
—
aa
at least four weeks where the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 2 in Schedule 15 to this Act (whether or not the notice specifies any other ground), and
ab
where sub-paragraph (aa) does not apply, at least six months
ii
in inserted subsection (4C)(g)(i) of the modification, for “, at least three months after the date on which the notice is given,” substitute
—
aa
at least four weeks after the date on which the notice is given where the notice of intention to commence possession proceedings specifies a ground that corresponds to Case 2 in Schedule 15 to this Act (whether or not the notice specifies any other ground), and
ab
where sub-paragraph (aa) does not apply, at least six months after the date on which the notice is given,
SECURE TENANCIES
Amendment of modifications made to section 83 of the Housing Act 19856
1
Paragraph 3 of Schedule 29 (notice of possession proceedings in relation to secure tenancies) is amended as follows.
2
In paragraph (b), omit “, in relation to a dwelling-house in England,”.
3
in paragraph (c)—
a
in inserted subsection (4B)(a)(ii) of the modification, for “, three months after the date of service of the notice,” substitute
—
aa
four weeks after the date of service of the notice where Ground 2A in Schedule 2 is specified without any other ground, and
ab
where sub-paragraph (aa) does not apply, six months after the date of service of the notice,
Suspension of provision relating to section 83 of the Housing Act 1985 where notice is given on anti-social behaviour grounds7
Paragraph 3 of Schedule 29 (extension of notices in relation to secure tenancies) is suspended in relation to Wales for the purposes of a notice under section 83 of the Housing Act 19853 specifying Ground 2 in Schedule 2 to that Act (discretionary ground for anti-social behaviour), whether with or without other grounds.
Suspension of provisions relating to section 83ZA of the Housing Act 1985 where notice is given on anti-social behaviour grounds8
Paragraph 4 of Schedule 29 (notice of possession proceedings on absolute ground for anti-social behaviour in relation to secure tenancies) is suspended in relation to Wales.
ASSURED TENANCIES
Amendment of modifications made to section 8 of the Housing Act 19889
1
Paragraph 6 of Schedule 29 (notice of possession proceedings in relation to assured tenancies) is amended as follows.
2
In paragraph (d)—
a
the words “for “two weeks” there were substituted “the relevant notice period” in relation to a dwelling-house in England” become sub-paragraph (i);
b
for “and “six months” in relation to a dwelling-house in Wales” substitute
, and
ii
for “two weeks from the date of the service of the notice” there were substituted, in relation to a dwelling-house in Wales
—
a
two weeks from the date of the service of the notice where Ground 14A in Schedule 2 is specified without any other ground, and
b
where paragraph (b) does not apply, six months from the date of the service of the notice.
Suspension of provisions relating to section 8(3A) and (4) of the Housing Act 1988 (Grounds 7A or 14: anti-social behaviour, offences etc.)10
In paragraph 6 of Schedule 29 (notice of possession proceedings on Grounds 7A and 14 in relation to assured tenancies) paragraphs (a) and (b) are suspended in relation to Wales.
INTRODUCTORY TENANCIES
Amendment of modifications made to section 128 of the Housing Act 199611
1
Paragraph 8 of Schedule 29 (notice of possession proceedings in relation to introductory tenancies) is amended as follows.
2
In paragraph (b), in inserted subsection (4A)(a)(ii) of the modification, for “, three months beginning with the date on which the notice of proceedings is served” substitute
—
aa
four weeks beginning with the date on which the notice of proceedings is served where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), and
ab
in any other case, six months from the date on which the notice of proceedings is served
3
In paragraph (c), in inserted subsection (8) of the modification, in the definition of “ASB reason”—
a
after ““ASB reason” means” insert “, in relation to a dwelling-house in England,”, and
b
at the end, insert “and, in relation to a dwelling-house in Wales, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2 and 2A of Schedule 2 to that Act”.
DEMOTED TENANCIES
Amendment of modifications made to section 143E of the Housing Act 199612
1
Paragraph 9 of Schedule 29 (notice of possession proceedings in relation to demoted tenancies) is amended as follows.
2
In paragraph (a), in inserted subsection (3)(a)(ii) of the modification, for “, three months beginning with the date on which the notice of proceedings is served” substitute
—
aa
four weeks beginning with the date on which the notice of proceedings is served where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), and
ab
in any other case, six months from the date on which the notice of proceedings is served
3
In paragraph (b), in inserted subsection (6) of the modification, in the definition of “ASB reason”—
a
after ““ASB reason” means” insert “, in relation to a dwelling-house in England,”, and
b
at the end, insert “and, in relation to a dwelling-house in Wales, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2 and 2A of Schedule 2 to that Act”.
PART 4CHANGES TO PRESCRIBED FORMS
Consequential modifications to prescribed forms relating to secure tenancies13
1
Paragraph 10 of Schedule 29 (modifications of the Schedule to the Secure Tenancies (Notices) Regulations 19874: prescribed forms in relation to secure tenancies) is amended as follows.
2
In sub-paragraph (1) (modification of Part 1 of the Schedule), in paragraph (a)(ii) for ““three months from the date this Notice is served and also cannot be earlier than” substitute
—
a
four weeks from the date this Notice is served where Ground 2A in Schedule 2 to the Housing Act 1985 is specified in the Notice and no other ground is specified, and
b
where paragraph (a) does not apply, six months from the date this Notice is served.
Court proceedings also cannot be begun earlier than
3
In sub-paragraph (2) (modification of Part 2 of the Schedule), in the first bullet point of the modification, in paragraph (b), for “, three months from the date this Notice is served” substitute
—
i
four weeks from the date this Notice is served where Ground 2A in Schedule 2 to the Housing Act 1985 is specified in the notice and no other ground is specified, and
ii
where sub-paragraph (i) does not apply, six months from the date this Notice is served (unless proceedings are brought on Ground 2 in Schedule 2 to the Housing Act 1985, in which case they may be begun immediately).
Suspension of modifications to the Secure Tenancies (Notices) Regulations 1987 relating to Ground 214
In paragraph 10(1) of Schedule 29, paragraphs (a)(i) and (b) are suspended in relation to Wales.
Consequential modifications to prescribed forms relating to assured tenancies and agricultural occupancies15
1
Paragraph 11 of Schedule 29 (modifications of the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 19975: prescribed forms in relation to assured tenancies and agricultural occupancies) is amended as follows.
2
For paragraphs (a), (b) and (c) substitute “for the first, second and third bullet points there were substituted—
Where the landlord is seeking possession on any of grounds 1 to 7, 8 to 13, 15, 16 or 17 (without ground 7A or 14) court proceedings cannot begin earlier than six months from the date on which this notice is served on you, and in the case of grounds 1, 2 5 to 7, 9 and 16 court proceedings cannot, in any event, begin before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as the notice.
Where the landlord is seeking possession on ground 7A (with or without other grounds), court proceedings cannot begin earlier than 1 month from the date this notice is served on you in the case of a fixed term tenancy and, in the case of a periodic tenancy, court proceedings cannot begin before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.
Where the landlord is seeking possession on ground 14 (with or without other grounds other than ground 7A), court proceedings cannot begin before the date this notice is served on you.
Where the landlord is seeking possession on ground 14A (without other grounds), court proceedings cannot begin earlier than two weeks from the date this notice is served on you.
PART 5PRESCRIBED INFORMATION IN NOTICES TO QUIT
Amendment to the Notices to Quit etc. (Prescribed Information) Regulations 198816
1
The Schedule to the Notice to Quit etc. (Prescribed Information) Regulations 19886 is to be read, in relation to a Rent Act notice to quit given in relation to premises in Wales during the relevant period, as if after paragraph 2 there were inserted—
Prescribed information where less than 6 months’ notice has been given3
Where a notice to quit has been given less than 6 months before the date on which it is to take effect, the following information must be given—
“The notice to quit has been given less than 6 months before the date on which it is to take effect on the basis that the landlord believes that the circumstance specified in Case 2 in Schedule 15 to the Rent Act 1977 applies (conduct which is a nuisance or annoyance to adjoining occupiers, or dwelling-houses used for immoral or illegal purposes).”
2
In sub-paragraph (1)—
a
“Rent Act notice to quit” means a notice to quit relating to a tenancy that is a protected tenancy for the purposes of the Rent Act 19777 (see section 1 of that Act), and
b
“relevant period” means the period beginning with the day on which these Regulations come into force and ending with the date specified in paragraph 1(b)(ii) of Schedule 29.
PART 6TRANSITIONAL PROVISION
Transitional provision17
The amendments to Schedule 29 and the suspension of provisions in Schedule 29 made by these Regulations do not apply in relation to notices given or served before the day on which these Regulations come into force.
(This note is not part of the Regulations)