EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations set out the supplementary provisions which are, subject to sections 21, 24 and 25 of the Renting Homes (Wales) Act 2016 (anaw 1) (“the Act”), incorporated into supported standard contracts, as supplementary terms.
The default position is that supplementary provisions are incorporated as supplementary terms of an occupation contract. However, at the creation of the occupation contract, the parties may agree that a supplementary provision is modified or that it is not included in the occupation contract.
A modification or omission must not render the occupation contract incompatible with any fundamental term of the contract.
Regulation 4 requires the contract-holder to obtain the landlord’s consent before carrying on a trade or business at the dwelling.
Regulation 5 requires the contract-holder to obtain the landlord’s consent before allowing lodgers to live at the dwelling.
Regulation 6 requires the landlord to provide an inventory to the contract-holder, within a specified timescale. It also makes provision enabling the contract-holder to make comments on the inventory and how the landlord may respond to those comments.
Regulation 7 provides the contract-holder is not liable for rent for each day (or part day) the dwelling is unfit for human habitation. Regulations made by the Welsh Ministers under section 94 of the Act (the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (S.I. 2022/6) (W. 4)) prescribe matters and circumstances to which regard must be had when determining, for the purposes of section 91(1) of the Act, whether a dwelling is fit for human habitation. If those matters and circumstances are not complied with, the dwelling is treated as if it were unfit for human habitation.
Regulation 8 requires the landlord to provide, within 14 days of any request by the contract-holder, a written receipt for rent or other consideration paid by the contract-holder.
Regulation 9 sets out how a contract-holder may change the providers of utilities to the dwelling.
Regulation 10 imposes a number of requirements on the contract-holder in relation to the care of the dwelling, fixtures and fittings within the dwelling and any items listed in the inventory. This includes requiring the contract-holder to obtain the landlord’s consent before removing any of the fixtures and fittings or any items listed in the inventory from the dwelling. It requires the contract-holder to keep the dwelling in reasonable decorative order. It also prohibits the contract-holder from keeping anything in the dwelling that would be a health and safety risk.
Regulation 11 requires the contract-holder to report to the landlord any fault, defect, damage or disrepair within the dwelling which the contract-holder reasonably believes is the landlord’s responsibility. It also requires the contract-holder to undertake those repairs that they reasonably believe are not the landlord’s responsibility.
Regulation 12 provides the landlord with a right, having given 24 hours’ notice, to enter the dwelling at any reasonable time for the purpose of carrying out those repairs that were the contract-holder’s responsibility that have not been undertaken.
Regulation 13 requires the contract-holder to give the landlord immediate access to the dwelling to deal with an emergency. It sets out that the landlord may access the dwelling in an emergency if the contract-holder does not provide access.
The landlord’s right to enter the dwelling provided by regulations 12 and 13 is in addition to the circumstances set out in the Act in which the landlord has the right to enter the dwelling.
Regulation 14 requires the contract-holder to keep the dwelling secure and sets out that the contract-holder can change the locks in the dwelling, provided the changes provide no less security, and that copies of any new keys are given to the landlord.
Regulation 15 requires the contract-holder to obtain the landlord’s consent before making alterations to the dwelling and defines “alteration” for the purposes of this regulation.
Regulation 16 requires a contract-holder, at the end of the occupation contract, to remove from the dwelling their belongings and the belongings of any permitted occupiers. It also requires any property belonging to the landlord to be returned to the position it was in at the beginning of the occupation contract, and requires keys to be returned.
Regulation 17 prescribes the notice period to be given to the landlord by a joint contract-holder who wishes to withdraw from the occupation contract.
Regulation 18 requires the landlord to repay (within a reasonable time) the contract-holder any pre-paid rent or other consideration which relates to any period falling after the end of the contract.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Housing, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ.