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- Latest available (Revised) - Welsh
- Original (As made) - English
- Original (As made) - Welsh
There are currently no known outstanding effects for the The Renting Homes (Safeguarding Property in Abandoned Dwellings) (Wales) Regulations 2022.
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(This note is not part of the Regulations)
These Regulations make provision about the landlord’s requirement to safeguard property in a dwelling when an occupation contract ends under section 220 (possession of abandoned dwellings) of the Renting Homes (Wales) Act 2016 (anaw 1) (“the Act”).
Regulation 3(1) and (2) provide that, where an occupation contract ends pursuant to section 220 of the Act, the landlord must safeguard property left in the dwelling for four weeks from the day on which the contract ends. Paragraph (3) provides that, unless the contract-holder (or other owner of the property) arranges for delivery of that property to the relevant person (under regulation 4), after the prescribed four weeks, the landlord may dispose of any property remaining in their custody. Paragraph (4) specifies circumstances when the duty to safeguard abandoned property does not apply and in those cases the landlord may dispose of that property at any time after the end of the contract.
Regulation 4(1) and (2) provide that, where the contract-holder or property owner, arranges for delivery of the property to that person, the landlord must relinquish custody of the property. Paragraph (3) enables the landlord to require the payment of expenses incurred by the landlord in complying with these Regulations before the landlord relinquishes custody.
Regulation 5 permits the landlord to deduct their expenses and any rent arrears due under the occupation contract from the proceeds of any sale of property under these Regulations.
Regulation 6 provides that property which is in an abandoned dwelling owned or managed by a local authority, will be dealt with in accordance with these Regulations where the occupation contract is ended under section 220 of the 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, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained at Department of Housing, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ.
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