2022 No. 1172 (W. 242)

Housing, Wales

The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022

Madeat 4.05 p.m. on 9 November 2022

Laid before Senedd Cymru10 November 2022

Coming into force1 December 2022

The Welsh Ministers make the following Regulations in exercise of the power conferred on them by section 255(1)(b) of the Renting Homes (Wales) Act 20161.

Title, commencement and interpretation1.

(1)

The title of these Regulations is the Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022.

(2)

These Regulations come into force on 1 December 2022.

(3)

In these Regulations—

“1977 Act” (“Deddf 1977”) means the Rent Act 19772;

“1985 Act” (“Deddf 1985”) means the Housing Act 19853;

“1985 Regulations” (“Rheoliadau 1985”) means the Secure Tenancies (Right to Repair Scheme) Regulations 19854;

“1986 Act” (“Deddf 1986”) means the Insolvency Act 19865;

“1988 Act” (“Deddf 1988”) means the Housing Act 19886;

“1988 Order” (“Gorchymyn 1988”) means the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 19887;

“1989 Act” (“Deddf 1989”) means the Local Government and Housing Act 19898;

“1994 Regulations” (“Rheoliadau 1994”) means the Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 19949;

“1996 Act” (“Deddf 1996”) means the Housing Act 199610;

“1997 Order” (“Gorchymyn 1997”) means the Rent Officers (Housing Benefit Functions) Order 199711;

“2004 Act” (“Deddf 2004”) means the Housing Act 200412;

“2013 Order” (“Gorchymyn 2013”) means the Rent Officers (Universal Credit Functions) Order 201313;

“2014 Act” (“Deddf 2014”) means the Housing (Wales) Act 201414;

“2016 Act” (“Deddf 2016”) means the Renting Homes (Wales) Act 2016;

“2022 Consequential Regulations” (“Rheoliadau Canlyniadol 2022”) means the Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 202215;

“2022 Secondary Consequential Regulations” (“Rheoliadau Canlyniadol Is-ddeddfwriaeth 2022”) means the Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 202216;

“appointed day” (“diwrnod penodedig”) means the day appointed by the Welsh Ministers under section 257 of the 2016 Act as the day on which section 239 of that Act comes into force;

“converted secure contract” (“contract diogel wedi ei drosi”) has the same meaning as in the 2016 Act (see paragraph 1(1) of Schedule 12 to the 2016 Act);

“occupation contract” (“contract meddiannaeth”) has the same meaning as in the 2016 Act (see section 7 of the 2016 Act);

“protected shorthold tenancy” (“tenantiaeth fyrddaliol warchodedig”) has the same meaning as in the 1977 Act;

“restricted contract” (“contract cyfyngedig”) has the same meaning as in the 1977 Act.

PART 1Possession Proceedings

Secure tenancies2.

(1)

Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1985 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—

(a)

section 83(1)17 (proceedings for possession or termination: general notice requirements), in relation to a notice served on the tenant in accordance with that section before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day;

(b)

section 83ZA(2)18 (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), in relation to a notice served on the tenant in accordance with that section before the appointed day;

(c)

section 83A(1)19 (additional requirements in relation to certain proceedings for possession), in relation to a notice served on the tenant in accordance with section 83 of the 1985 Act before the appointed day (but see paragraph (2) of this regulation);

(d)

section 83A(2)20, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day (but see paragraph (2) of this regulation);

(e)

section 83A(3)21, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day;

(f)

section 83A(4)22 and (6), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day (whether Ground 2A of Schedule 2 to the 1985 Act is added to that notice before or after that day);

(g)

section 83A(5)23, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day;

(h)

section 84(1)24 (grounds and orders for possession), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;

(i)

section 84(2)25, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;

(j)

section 84(3)26, in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day;

(k)

section 84(4)27, in relation to a notice served on the tenant in accordance with section 83(3) of the 1985 Act before the appointed day;

(l)

section 84A(1) to (9)28 (absolute ground for possession for anti-social behaviour), in relation to a notice served on the tenant in accordance with section 83ZA of the 1985 Act before the appointed day;

(m)

section 8529 (extended discretion of court in certain proceedings for possession), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;

(n)

section 85ZA(1) and (2)30 (review of decision to seek possession on absolute ground for anti-social behaviour), in relation to a notice served on the tenant in accordance with section 83ZA of the 1985 Act before the appointed day;

(o)

section 85ZA(3) to (6), in relation to a notice served on the tenant in accordance with section 83ZA of the 1985 Act before the appointed day (whether the request for a review was made before or after that day);

(p)

section 85A31 (proceedings for possession on non-absolute grounds: anti-social behaviour), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;

(q)

Schedule 232 (grounds for possession of dwelling-houses let under secure tenancies), in relation to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies;

(r)

Schedule 2A33 (absolute ground for possession for anti-social behaviour: serious offences), in relation to a notice served on the tenant in accordance with section 83ZA of the 1985 Act before the appointed day.

(2)

Despite the amendments made by the 2022 Consequential Regulations—

(a)

section 83(3)(b) and 83(4)(b) of the 1985 Act continue to have effect, but as if for “twelve months after the date so specified” there were substituted “twelve months after the date so specified, or six months after the appointed day, whichever comes first”,

(b)

section 83ZA(9)(b) of the 1985 Act continues to have effect, but as if for “12 months after the date so specified” there were substituted “12 months after the date so specified, or 6 months after the appointed day, whichever comes first”, and

(c)

a reference to a time when the notice is still in force in section 83A(1) and (2) of the 1985 Act (as saved by paragraph (1)(c) and (d) of this regulation) is to be read accordingly.

(3)

Paragraph (2) of this regulation takes precedence over any contrary provision in any notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day.

(4)

Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court in accordance with section 84 or 84A of the 1985 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.

(5)

Despite the amendments made by the 2022 Consequential Regulations and the 2022 Secondary Consequential Regulations, the Secure Tenancies (Absolute Ground for Possession for Anti-social Behaviour) (Review Procedure) (Wales) Regulations 201434 continue to have effect in relation to a review conducted under section 85ZA of the 1985 Act by virtue of savings made in this regulation (whether the review is conducted, in whole or in part, before or after the appointed day).

(6)

Despite the amendments made by the 2022 Consequential Regulations, section 82(2)35 of the 1985 Act (security of tenure) continues to have effect in relation to a possession order made by the court under section 84 or 84A of the 1985 Act before the appointed day.

(7)

Any savings in this regulation which relate to a notice served on the tenant in accordance with section 83 or 83ZA of the 1985 Act before the appointed day, have effect whether proceedings were commenced before or after that day.

(8)

Any savings in this regulation which relate to proceedings commenced before the appointed day and to which section 83(1)(b) of the 1985 Act applies, have effect whether the court dispensed with the requirement to serve a notice before or after the appointed day.

Assured tenancies3.

(1)

Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1988 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—

(a)

section 736 (orders for possession), in relation to a notice served on the tenant in accordance with section 837 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;

(b)

section 8(1)38 (notice of proceedings for possession), in relation to a notice served on the tenant in accordance with that section before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day (but see paragraph (2) of this regulation);

(c)

section 8(2), in relation to a notice served on the tenant in accordance with that section before the appointed day;

(d)

section 8(5)39, in relation to proceedings commenced before the appointed day where the court has not yet exercised its power conferred by section 8(1)(b) of the 1988 Act;

(e)

section 8A(1)40 (additional notice requirements: ground of domestic violence), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day;

(f)

section 8A(2) and (3), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day (whether Ground 14A is added before or after that day);

(g)

section 941 (extended discretion of court in possession claims), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;

(h)

section 9A42 (proceedings for possession on non-absolute grounds: anti-social behaviour), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;

(i)

section 10(2) (special provisions applicable to shared accommodation), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies;

(j)

sections 11 (payment of removal expenses in certain cases) and 12 (compensation for misrepresentation or concealment), in relation to an order for possession made before or after the appointed day (by virtue of savings made in this regulation);

(k)

section 21(1)43 (recovery of possession on expiry or termination of assured shorthold tenancy), in relation to a notice served on the tenant in accordance with that subsection before the appointed day (but see paragraph (5));

(l)

section 21(4)44, in relation to a notice served on the tenant in accordance with that subsection before the appointed day (but see paragraph (5));

(m)

section 21(5)45 and (5A)46, in relation to an order for possession made by the court under subsection (1) or (4) of that section after the appointed day (by virtue of savings made in this regulation);

(n)

Schedule 247 (grounds for possession of dwelling-houses let on assured tenancies), in relation to a notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day and, where no notice has been served, in relation to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies.

(2)

Despite the amendments made by the 2022 Consequential Regulations—

(a)

sections 8(3)(c) of the 1988 Act continues to have effect after the appointed day, but as if for “twelve months from the date of service of the notice” there were substituted “twelve months from the date of service of the notice, or six months after the appointed day, whichever comes first”, and

(b)

a reference to the time limits stated in the notice in section 8(1)(a) (as saved by paragraph (1)(b) of this regulation) is to be read accordingly.

(3)

Paragraph (2) of this regulation takes precedence over any contrary provision in any notice served on the tenant in accordance with section 8 of the 1988 Act before the appointed day.

(4)

Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court under section 7 or 21 of the 1988 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.

(5)

A notice served on the tenant in accordance with section 21(1) or (4) of the 1988 Act before the appointed day, ceases to have effect (and no new possession proceedings may be commenced in reliance of the notice)—

(a)

at the end of the period of two months beginning with the appointed day, or

(b)

on expiry of the period of two months beginning with the day specified in the notice as the day on which possession is required in accordance with section 21(1)(b) or (4)(a) of the 1988 Act,

whichever is the later.

(6)

Despite the amendments made by the 2022 Consequential Regulations, section 5(1A)48 of the 1988 Act continues to have effect in relation to a possession order made by the court under section 7 or 21 of the 1988 Act before the appointed day.

(7)

Any savings in this regulation which relate to a notice served on the tenant in accordance with section 8 or 21 of the 1988 Act before the appointed day, have effect whether proceedings were commenced before or after that day.

(8)

Any savings in this regulation which relate to proceedings commenced before the appointed day and to which section 8(1)(b) of the 1988 Act applies, have effect whether the court dispensed with the requirement to serve a notice before or after the appointed day.

Introductory tenancies4.

(1)

Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1996 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—

(a)

section 127(2)49 (proceedings for possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;

(b)

section 128(1) and (5) (notice of proceedings for possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;

(c)

section 129(1) (review of decision to seek possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;

(d)

section 129(2), (5) and (6), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day (whether the request for a review was made, or the review was conducted, before or after the appointed day);

(e)

section 130(1) to (3)50 (effect of beginning proceedings for possession), in relation to proceedings begun before the appointed day for the possession of a dwelling-house let under an introductory tenancy that ended prior to that day in accordance with that section.

(2)

Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court under section 127 of the 1996 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.

(3)

Despite the amendments made by the 2022 Consequential Regulations, section 127(1) and (1A) of the 1996 Act continues to have effect in relation to a possession order made by the court under that section before the appointed day.

(4)

Despite the amendments made by the 2022 Secondary Consequential Regulations, the Introductory Tenants (Review) Regulations 199751 continue to have effect in relation to a review conducted under section 129 of the 1996 Act by virtue of savings made in this regulation (whether the review is conducted, in whole or in part, before or after the appointed day).

(5)

A notice served on the tenant under section 128 of the 1996 Act before the appointed day ceases to have effect (and no new possession proceedings may be commenced in reliance of the notice)—

(a)

at the end of the period of six months beginning with the appointed day, or

(b)

at the end of the period of twelve months beginning with the day specified in the notice as the day after which proceedings may be begun in accordance with section 128(4) of the 1996 Act,

whichever is the earlier.

(6)

Any savings in this regulation which relate to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day, have effect whether proceedings were commenced before or after that day.

Demoted tenancies5.

(1)

(a)

section 143D(2)52 (proceedings for possession), in relation to a notice served on the tenant in accordance with section 143E53 before the appointed day;

(b)

section 143E(1) and (4) (notice of proceedings for possession), in relation to a notice served on the tenant in accordance with section 143E before the appointed day;

(c)

section 143F(1)54 (review of decision to seek possession), in relation to a notice served on the tenant in accordance with section 143E before the appointed day;

(d)

section 143F(2), (5) and (6), in relation to a notice served on the tenant in accordance with section 143E before the appointed day (whether the request for a review was made, or the review was conducted, before or after the appointed day);

(e)

section 143G55 (effect of proceedings for possession), in relation to proceedings begun before the appointed day for the possession of a dwelling-house let under a demoted tenancy that ended prior to that day in accordance with that section.

(2)

Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court under section 143D(2) of the 1996 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.

(3)

Despite the amendments made by the 2022 Consequential Regulations, section 143D(1) and (1A) of the 1996 Act continue to have effect in relation to a possession order made by the court under that section before the appointed day.

(4)

Despite the amendments made by the 2022 Secondary Consequential Regulations, the Demoted Tenancies (Review of Decisions) (Wales) Regulations 200556 continue to have effect in relation to reviews conducted under section 143F of the 1996 Act by virtue of savings made in this regulation (whether the reviews are conducted, in whole or in part, before or after the appointed day).

(5)

A notice served on the tenant under section 143E of the 1996 Act before the appointed day ceases to have effect (and no new possession proceedings may be commenced in reliance of the notice)—

(a)

at the end of the period of six months beginning with the appointed day, or

(b)

at the end of the period of twelve months beginning with the day specified in the notice as the day after which proceedings may be begun in accordance with section 143E(2)(c) of the 1996 Act,

whichever is the earlier.

(6)

Any savings in this regulation which relate to a notice served on the tenant in accordance with section 143E of the 1996 Act before the appointed day, have effect whether proceedings were commenced before or after that day.

PART 2Extension of introductory period

Review of decision to extend introductory period6.

(1)

A request for a review made in compliance with section 125B57 of the 1996 Act (review of decision to extend trial period) before the appointed day has effect as if it were made under paragraph 4 of Schedule 4 to the 2016 Act (landlord’s review of decision to extend introductory tenancy).

(2)

A review commenced under section 125B of the 1996 Act before the appointed day (whether it was concluded before or after that day) is to be treated as if it were conducted under paragraph 4 of Schedule 4 to the 2016 Act.

(3)

A notification given by the landlord under section 125B(5) of the 1996 Act before the appointed day is to have effect as if it were given under paragraph 4(5) of Schedule 4 to the 2016 Act (and paragraph 5 of Schedule 4 (county court review of decision to extend) applies to a notice under section 125B(5) of the 1996 Act confirming the original decision, or to a failure to give notice in accordance with that section).

Procedure for reviews of decision to extend introductory period7.

(1)

This regulation applies to a review commenced under section 125B of the 1996 Act before the appointed day (whether it was concluded before or after that day).

(2)

Despite the amendments made by the 2022 Secondary Consequential Regulations, the Introductory Tenancies (Review of Decisions to Extend a Trial Period) (Wales) Regulations 200658 continue to have effect in relation to reviews to which this regulation applies.

(3)

Regulations made under paragraph 4(7) of Schedule 4 to the 2016 Act do not have effect in relation to reviews to which this regulation applies.

PART 3Tenancy deposits

Transitional provisions: deposit schemes8.

The following provisions of the 2016 Act have effect in relation to a tenancy deposit paid in accordance with Chapter 4 of Part 659 of the 2004 Act (tenancy deposit schemes) before the appointed day in relation to a tenancy which became an occupation contract on that day, as they apply to a deposit paid by, or on behalf of, the contract-holder under an occupation contract—

(a)

sections 45 (requirement to use deposit scheme) and 4660 (deposit schemes: further provision);

(b)

Schedule 5 (deposit schemes: further provision);

(c)

paragraph 4 of Schedule 9A61 (standard contracts: restrictions on giving notice under section 173, under section 186, and under a landlord’s break clause).

Proceedings relating to tenancy deposits9.

Despite the amendments made by the 2022 Consequential Regulations, section 214(2), (2A), (3), (3A), (4) and (5)62 of the 2004 Act (proceedings relating to tenancy deposits) continues to have effect, as it did immediately before the appointed day, in relation to applications made to the county court under that section before the appointed day.

PART 4Rent Determination

Rent Determination10.

(1)

(a)

section 13(4)63 (increases of rent under assured periodic tenancies), in relation to a notice served on the tenant in accordance with that section before the appointed day;

(b)

section 1464 (determination of rent by tribunal) (other than subsection (6)), in relation to a notice served on the tenant in accordance with section 13 of the 1988 Act before the appointed day (whether the application under section 13(4)(a) is made before or after the appointed day);

(c)

section 22(3), (4)(a) and (b), and (5)65 (reference of excessive rents to appropriate tribunal), in relation to an application made under subsection (1) of that section before the appointed day.

(2)

Despite the amendments made by the 2022 Secondary Consequential Regulations, the Rent Assessment Committees (England and Wales) Regulations 197166 continue to have effect, as they did immediately before the appointed day, in relation to the determination of an application that is made or referred under section 667 (fixing of terms of statutory periodic tenancy), 1368 (increases of rent under assured periodic tenancies) or 2269 (reference of excessive rents to appropriate tribunal) of the 1988 Act (whether the application is conducted, in whole or in part, before or after the appointed day).

(3)

Despite the amendments made by the 2022 Secondary Consequential Regulations, the 1988 Order continues to have effect, as it did immediately before the appointed day, in relation to a determination that falls within article 2 of the 1988 Order (whether the determination is conducted, in whole or in part, before or after the appointed day).

(4)

Despite the amendments made by the 2022 Secondary Consequential Regulations, the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 199770 continue to have effect, as they did immediately before the appointed day, in so far as they prescribe—

(a)

the form for the tenant to make an application under section 13(4)(a) of the 1988 Act (Form 5), and

(b)

the form for an application under section 6(3)(a)71 of the 1988 Act (fixing of terms of statutory periodic tenancy) (Form 2).

(5)

A variation of rent under section 13, 14 or 22 of the 1988 Act which takes place after the appointed day by virtue of the savings made by this regulation is to be treated as a variation of rent under section 104 or 123 of the 2016 Act (variation of rent) for the purpose of paragraph 14(2) of Schedule 12 (variation) to the 2016 Act.

F1(6)

Paragraphs 15(1) and 15(1A) of Schedule 12 to the 2016 Act apply in relation to any variations of rent which take place after the appointed day by virtue of the savings made by this regulation, as they apply in relation to any variations in the rent payable under the contract before the appointed day.

PART 5Improvements

Saving provisions: secure tenant’s improvements11.

(1)

The provisions in this regulation have effect despite the amendments made by the 2022 Consequential Regulations and the 2022 Secondary Consequential Regulations.

(2)

Sections 97(1) and (3)72 (tenant’s improvements require consent), 98 (provisions as to consents required by s97), 99 (conditional consent to improvements) and 10073 (power to reimburse cost of tenant’s improvements) of the 1985 Act continue to have effect after the appointed day in relation to a converted secure contract, as they had effect immediately before that day in relation to a secure tenancy, but only where a request for consent to improvement was made by the tenant before the appointed day (whether such consent is given before or after that day).

Saving and transitional provisions: compensation for improvements12.

(1)

Section 99B74 of the 1985 Act (persons qualifying for compensation) and the 1994 Regulations continue to have effect, as they had effect immediately before the appointed day, in relation to improvements carried out by a tenant under a secure tenancy under section 99A of the 1985 Act that came to an end before the appointed day (whether a request for compensation was made before or after the appointed day).

(2)

Without prejudice to paragraph (1), where a request for consent to improvement was made by the tenant before the appointed day (whether such consent is given before or after that day), section 99B of the 1985 Act and the 1994 Regulations continue to have effect after the appointed day in relation to a converted secure contract, but as if—

(a)

a reference to a secure contract coming to an end was a reference to a converted secure contract coming to an end after the appointed day,

(b)

section 99B(2)(b) to (f) and (3) of the 1985 Act were omitted (and the 1994 Regulations were interpreted accordingly), and

(c)

regulation 3(2) of the 1994 Regulations were omitted.

(3)

But paragraph (2) does not apply where the converted secure contract comes to an end after the appointed day because—

(a)

the Court makes an order for possession on one or more of the grounds in section 157 (breach of contract) or 160 (estate management grounds) of the 2016 Act, or

(b)

the contract ceases to be a secure contract by virtue of section 116 of the 2016 Act (order imposing periodic standard contract because of prohibited conduct).

Transitional provisions: right to repair scheme13.

(1)

Where, before the appointed day, the tenant has served a notice claiming the right to repair under paragraph 3 of the Schedule to the 1985 Regulations (tenant’s notice claiming the right to repair), the 1985 Regulations continue to have effect after the appointed day, as they had effect immediately before that day subject to paragraph (2).

(2)

Where appropriate to give effect to this regulation, the 1985 Regulations are to be read as if after “secure tenant”, in each place it occurs, there were inserted “or contract holder (within the meaning given by section 7 (see also section 48) of the Renting Homes (Wales) Act 2016) under a secure contract (within the meaning given by section 8 of the Renting Homes (Wales) Act 2016)”.

PART 6Rent Act 1977

Saving provisions: protected shorthold tenancies and restricted contracts14.

The following provisions of the 1977 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—

(a)

Part 375 of the 1977 Act (rents under regulated tenancies), in relation to an occupation contract which immediately before the appointed day was a protected shorthold tenancy;

(b)

Part 576 of the 1977 Act (rents under restricted contracts), in relation to an occupation contract which immediately before the appointed day was a restricted contract.

PART 7Bankrupt’s estate

Saving provisions: definition of bankrupt’s estate: assured agricultural occupancies15.

Despite the amendments made by the 2022 Consequential Regulations, section 28377 of the 1986 Act (definition of bankrupt’s estate) continues to have effect, as it did immediately before the appointed day, in relation to an occupation contract which immediately before the appointed day was an assured agricultural occupancy within the meaning of Part 178 of the 1988 Act (rented accommodation).

PART 8Homelessness

Transitional provision: tenancies and licences to which special rules apply: homelessness16.

(1)

This regulation applies where, before the appointed day—

(a)

a local housing authority has a duty under section 75 of the 2014 Act (duty to secure accommodation for applicants in priority need when the duty in section 73 ends) to secure that suitable accommodation is available for occupation by a person in the circumstances mentioned in subsection (2) or (3) of that section; and

(b)

the local housing authority’s duty under section 75 of the 2014 Act in relation to that person has not ended in accordance with section 76 of the 2014 Act (circumstances in which the duty in section 75 ends).

(2)

Where this regulation applies, the notification period of 12 months in paragraph 12 of Schedule 2 to the 2016 Act (tenancies and licences to which special rules apply: homelessness) is deemed to commence on the appointed day.

(3)

This regulation is subject to paragraph 12(3) of Schedule 2 to the 2016 Act.

PART 9Housing Benefit and Universal Credit Functions

Transitional provision: housing benefit functions: local housing allowance determinations17.

(1)

For the purpose of determining a local housing allowance under article 4B79 of and Schedule 3B80 to the 1997 Order (broad rental market area determinations and local housing allowance determinations), for so long as it is necessary to refer to rents payable before the day on which section 239 of the 2016 Act comes into force, the value of rent which, in the rent officer’s opinion, would have been payable for a category of dwelling, specified in paragraph 1 of Schedule 3B to the 1997 Order, in Wales let under an assured tenancy, is to be deemed to be the rent that would have been payable in relation to the relevant category of dwelling let under a relevant secure or standard contract.

(2)

In this regulation “relevant secure or standard contract” means a secure or standard contract in relation to which the landlord does not meet the landlord condition in section 8081 of the 1985 Act.

Transitional provision: universal credit functions: local housing allowance determinations18.

(1)

For the purpose of determining a local housing allowance under article 482 of and Schedule 183 to the 2013 Order (local housing allowance determinations), for so long as it is necessary to refer to rents payable before the day on which section 239 of the 2016 Act comes into force, the value of rent which, in the rent officer’s opinion, would have been payable for a category of dwelling, specified in paragraph 1 of Schedule 1 to the 2013 Order, in Wales let under an assured tenancy, is to be deemed to be the rent that would have been payable in relation to the relevant category of dwelling let under a relevant secure or standard contract.

(2)

PART 10General

General saving provision19.

Any saving of a provision made by these Regulations includes, so far as is required for the operation of the saved provision, the saving of any other provision relating to that provision.

Julie James

Minister for Climate Change, one of the Welsh Ministers

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make saving and transitional provisions in relation to the Renting Homes (Wales) Act 2016 (anaw 1) (“the 2016 Act”).

Regulations 2 to 5 make provision in relation to possession proceedings. Regulation 2 applies to secure tenancies, regulation 3 applies to assured tenancies, regulation 4 applies to introductory tenancies and regulation 5 applies to demoted tenancies.

Regulations 6 and 7 make provision in relation to an extension of an introductory period. Regulation 6 makes provision in relation to a review of the decision to extend the introductory period. Regulation 7 makes provision in relation to the procedure for reviewing a decision to extend the introductory period where the review, under section 125B of the Housing Act 1996, started before the appointed day (whenever concluded). The appointed day is the day appointed by the Welsh Ministers as the day on which section 239 of the 2016 Act comes into force. Regulation 7 also provides that the Introductory Tenancies (Review of Decisions to Extend a Trial Period) (Wales) Regulations 2006 continue to have effect in relation to reviews to which regulation 7 applies.

Regulations 8 and 9 make provision in relation to tenancy deposits. Regulation 8 makes transitional provision in respect of a tenancy deposit paid in accordance with Chapter 4 of Part 6 of the Housing Act 2004 (“the 2004 Act”) before the appointed day where the shorthold tenancy in respect of which that deposit was paid converted into an occupation contract on that day. Regulation 9 provides that certain provisions of the 2004 Act continue to have effect in respect of applications made to the county court before the appointed day.

Regulation 10 makes provision in respect of the determination of rent under the Housing Act 1988 and provides that the Rent Assessment Committees (England and Wales) Regulations 1971, the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 and the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1998 continue to have effect as they did immediately before the appointed day in specified circumstances.

Regulations 11 to 13 make provision in relation to improvements. Regulation 11 makes savings in respect of improvements made by a secure tenant under the Housing Act 1985. Regulation 12 makes savings and transitional provisions in respect of improvements undertaken by a tenant under a secure tenancy which ended before the appointed day. Regulation 13 makes transitional provisions in relation to a secure tenant’s right to repair scheme where the tenant has served notice before the appointed day under paragraph 3 of the Schedule to the Secure Tenancies (Right to Repair Scheme) Regulations 1985.

Regulation 14 makes savings provision for restricted contracts and protected shorthold tenancies that exist immediately before the appointed day.

Regulation 15 makes savings provision regarding the definition of a bankrupt’s estate in relation to assured agricultural occupancies that exist immediately before the appointed day.

Regulation 16 makes transitional provision in respect of the notification period in paragraph 12 of Schedule 2 to the 2016 Act for tenancies and licences in relation to which a local housing authority’s duty under section 75 of the Housing (Wales) Act 2014 has not been discharged before the appointed day.

Regulation 17 makes transitional provision in respect of the determination of local housing allowance under article 4B of and Schedule 3B to the Rent Officers (Housing Benefit Functions) Order 1997.

Regulation 18 makes transitional provision in respect of the determination of local housing allowance under article 4 of and Schedule 1 to the Rent Officers (Universal Credit Functions) Order 2013.

Regulation 19 makes general savings provision.

These Regulations are made to give full effect to the 2016 Act.

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 this instrument.