2022 No. 907 (W. 198)

Housing, Wales

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

Made12 August 2022

Laid before the Senedd Cymru16 August 2022

Coming into force1 December 2022

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

Title and commencement1.

(1)

The title of these Regulations is the Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022.

(2)

These Regulations come into force on 1 December 2022.

Amendments2.

Schedule 1 (amendments consequential upon the commencement of the Renting Homes (Wales) Act 2016) has effect.

Revocations3.

Schedule 2 (revocations) has effect.

Julie James

Minister for Climate Change, one of the Welsh Ministers

SCHEDULE 1Amendments consequential upon the commencement of the Renting Homes (Wales) Act 2016

Regulation 2

Rent Assessment Committees (England and Wales) Regulations 1971

1.

The Rent Assessment Committees (England and Wales) Regulations 19712 are amended as follows—

(a)

in regulation 23 (interpretation), in paragraph (2), in the definition of “reference”, omit “or which is referred or made under section 6, 13, 14A or 22 of the Housing Act 1988”;

(b)

in regulation 2A4 (1988 and 1989 Act references), in paragraph (1), omit “▪ section 6, 13, 14A or 22 of the Housing Act 1988;”.

Secure Tenancies (Designated Courses) Regulations 1980

2.

After regulation 1 of the Secure Tenancies (Designated Courses) Regulations 19805 (citation and commencement), insert—

“Application1A.
These Regulations apply in relation to England only.”

Assured Tenancies (Notice to Tenant) Regulations 1981

3.

After regulation 1 of the Assured Tenancies (Notice to Tenant) Regulations 19816, insert—

“1A.
These Regulations apply in relation to England only.”

Rent Book (Forms of Notice) Regulations 1982

4.

In regulation 3(1)(d) of the Rent Book (Forms of Notice) Regulations 19827, at the beginning, insert “in the case of England only,”.

Secure Tenancies (Right to Repair Scheme) Regulations 1985

5.

After regulation 1 of the Secure Tenancies (Right to Repair Scheme) Regulations 19858, insert—

“1A.
These Regulations apply in relation to England only.”

Landlord and Tenant Act 1954, Part II (Assured Tenancies) (Notices) Regulations 1986

6.

After regulation 1 of the Landlord and Tenant Act 1954, Part II (Assured Tenancies) (Notices) Regulations 19869, insert—

“1A.
These Regulations apply in relation to England only.”

Assured Tenancies (Prescribed Amount) Order 1987

7.

After article 1 of the Assured Tenancies (Prescribed Amount) Order 198710, insert—

“1A.
This Order applies in relation to England only.”

Protected Shorthold Tenancies (Notice to Tenant) Regulations 1987

8.

After regulation 1 of the Protected Shorthold Tenancies (Notice to Tenant) Regulations 198711, insert—

“1A.
These Regulations apply in relation to England only.”

Secure Tenancies (Notices) Regulations 1987

9.

After regulation 1 of the Secure Tenancies (Notices) Regulations 198712, insert —

“1A.
These Regulations apply in relation to England only.”

Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988

10.

After article 1 of the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 198813, insert—

“1A.
This Order applies in relation to England only.”

Housing Action Trust Areas (Tenant Notification) Regulations 1989

11.

The Housing Action Trust Areas (Tenant Notification) Regulations 198914 are amended as follows—

(a)

in regulation 2 (prescribed descriptions of tenants)—

(i)

for the heading, substitute “Prescribed descriptions of tenants (England)”;

(ii)

for “The descriptions”, substitute “In relation to England, the descriptions”;

(b)

after regulation 2, insert—

“Prescribed descriptions of tenants (Wales)3.
In relation to Wales, the descriptions of tenants prescribed for the purposes of section 61(2) of the Housing Act 198815 are the tenants of a local housing authority who would be secure contract-holders but for the effect of—
(a)
paragraph 7(3)(a) of Schedule 2 to the Renting Homes (Wales) Act 201616 (business tenancies), or
(b)
paragraph 7(3)(g) of Schedule 2 to the Renting Homes (Wales) Act 2016 (long tenancies).”

Council Tax (Exempt Dwellings) Order 1992

12.

The Council Tax (Exempt Dwellings) Order 199217 is amended as follows—

(a)

in article 2(1)18, at the appropriate place, insert—

““contract-holder” means a person who, in relation to a dwelling in Wales—
(i)
has a leasehold interest which was granted for a term of less than six months,
(ii)
has a secure contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), or
(iii)
has an introductory standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act);”;

(b)

in article 319—

(i)

in the definition of a Class D dwelling, in paragraph (1)(a), for “or tenant”, substitute “, tenant or contract-holder”;

(ii)

in the definition of a Class E dwelling, in the words before paragraph (a), for “or tenant”, substitute “, tenant or contract-holder”;

(iii)

in the definition of a Class F dwelling, in paragraph (2)(b), after “tenant”, insert “or contract-holder”;

(iv)

in the definition of a Class I dwelling, in the words before paragraph (a), for “or tenant”, substitute “, tenant or contract-holder”;

(v)

in the definition of a Class J dwelling, in the words before paragraph (a), for “or tenant”, substitute “, tenant or contract-holder”.

Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994

13.

After regulation 1 of the Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 199420 (citation and commencement), insert—

“Application1A.
These Regulations apply in relation to England only.”

Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 1994

14.

After regulation 1 of the Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 199421 (citation and commencement), insert—

“Application1A.
These Regulations apply in relation to England only.”

Housing (Right to Manage) Regulations 1994

15.

The Housing (Right to Manage) Regulations 199422 are amended as follows—

(a)

in regulation 1 (citation, commencement and interpretation), in paragraph (2)—

(i)

at the appropriate places in alphabetical order, insert—

““contract-holder” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 (see also section 48) of that Act);”;

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

(ii)

omit the definition of “secure tenancy”;

(iii)

in the definition of “tenant”, for “secure tenancy”, substitute “secure contract”;

(b)

in regulation 2 (proposal notice)—

(i)

in paragraph (1), in the words before paragraph (a), for “secure tenancies”, substitute “secure contracts”;

(ii)

in paragraph (5)(b), for “secure tenants”, substitute “contract-holders under a secure contract”;

(iii)

in paragraph (5)(c), for “secure tenants”, substitute “contract-holders under a secure contract”;

(c)

in regulation 4 (procedure following proposal notice)—

(i)

in paragraph (5), for “secure tenants”, substitute “contract-holders under a secure contract”;

(ii)

in paragraph (13), for “secure tenants”, substitute “contract-holders under a secure contract”.

Introductory Tenants (Review) Regulations 1997

16.

After regulation 1 of the Introductory Tenants (Review) Regulations 199723 (citation, commencement and interpretation), insert—

“Application1A.
These Regulations apply in relation to England only.”

Rent Officers (Housing Benefit Functions) Order 1997

17.

The Rent Officers (Housing Benefit Functions) Order 199724 is amended as follows—

(a)

in article 2(1)25 (interpretation), 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;”;

““occupation contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 7 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 200826;”;

““registered social landlord” means a person registered in the register maintained under section 1 of the Housing Act 199627;”;

““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—

(i)

in paragraph 3(3)28 (exceptionally high rents), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(ii)

in paragraph 3(4)29, after “assured tenancies”, insert “or occupation contracts”;

(iii)

in paragraph 4(1) (local reference rents)—

(aa)

in paragraph (a) in the definition of H (highest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(bb)

in paragraph (a) in the definition of L (lowest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(iv)

in paragraph 4(2)(a)30, after “assured tenancy”, insert “or occupation contract”;

(v)

in paragraph 4(2)(b)(i), after “assured tenancy”, insert “or occupation contract”;

(vi)

in paragraph 4(2)(b)(ii), after “assured tenancy”, insert “or occupation contract”;

(vii)

in paragraph 4(2)(b)(iii), after “assured tenancy”, insert “or occupation contract”;

(viii)

in paragraph 4(2)(b)(iv), after “assured tenancy”, insert “or occupation contract”;

(ix)

in paragraph 5(1) (single room rents)—

(aa)

in paragraph (a) in the definition of H (highest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(bb)

in paragraph (a) in the definition of L (lowest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(x)

in paragraph 5(2)(a)31, after “assured tenancy”, insert “or occupation contract”;

(xi)

in paragraph 5(2)(b), after “assured tenancy”, insert “or occupation contract”;

(xii)

in paragraph 8(1) (housing associations etc.), for “In a case”, substitute “In relation to England, in a case”;

(xiii)

after paragraph 8(1), insert—

“(1A)
In relation to Wales, in a case where the local authority states in the application that the landlord is a housing association, a community landlord, or a charity, the rent officer shall assume that the landlord is not such a body.”;

(xiv)

in paragraph 8(2), for “The rent officer”, substitute “In relation to England, the rent officer”;

(xv)

after paragraph 8(2), insert—

“(2A)
In relation to Wales, the rent officer shall not take into account the rent under any occupation contract where the landlord is a housing association or a community landlord, or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.”;

(xvi)

in paragraph 8(3), at the appropriate place in alphabetical order, insert—

““community landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 9 of that Act);”;

(xvii)

in paragraph 11(1) (indicative rent levels)—

(aa)

in paragraph (a) in the definition of H (highest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,”;

(bb)

in paragraph (a) in the definition of L (lowest rent), after “assured tenancy of a dwelling”, insert “in England, or an occupation contract of a dwelling in Wales,;

(c)

in Schedule 3B32 (broad rental market area determinations and local housing allowance determinations), in paragraph 233 (local housing allowance for category of dwelling in paragraph 1)—

(i)

for sub-paragraph (4), substitute—

“(4)
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)(a), in the words before sub-paragraph (i), after “assured tenancy”, insert “or a relevant occupation contract, as the case may be,”;

(iii)

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

(iv)

in sub-paragraph (5)(a)(iii), 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 provider of social housing.”;

(d)

in Schedule 4 (special cases)—

(i)

in paragraph 1(a) (houseboats), for “or an assured tenancy”, substitute “, an assured tenancy or an occupation contract”;

(ii)

in paragraph 2(a) (mobile homes), for “or an assured tenancy”, substitute “, an assured tenancy or an occupation contract”.

Long Residential Tenancies (Supplemental Forms) Regulations 1997

18.

In the Long Residential Tenancies (Supplemental Forms) Regulations 199734, in the Schedule (prescribed forms), Form 8 ((long residential tenancies) landlord’s notice requiring consent of other landlord to notice terminating long residential tenancy) is amended as follows—

(a)

in the first bullet point, for “assured monthly periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(b)

in paragraph 4, for “assured monthly periodic tenancy”, substitute “[assured monthly periodic tenancy in England]/[periodic standard contract in Wales]”;

(c)

in Note 3, after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”.

Long Residential Tenancies (Principal Forms) Regulations 1997

19.

The Long Residential Tenancies (Principal Forms) Regulations 199735 are amended as follows—

(a)

in regulation 2 (interpretation)—

(i)

the existing provision becomes paragraph (1);

(ii)

after that paragraph, insert—

“(2)
In these Regulations, “periodic standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act).”;

(b)

in regulation 3 (forms)—

(i)

in paragraph (a), after “assured monthly periodic tenancy”, insert “or a periodic standard contract”;

(ii)

in paragraph (d), after “assured F1... periodic tenancy”, insert “or a periodic standard contract”;

(iii)

in paragraph (e)36, after “assured F2... periodic tenancy”, insert “or a periodic standard contract”;

(c)

in the Schedule (prescribed forms)—

(i)

in Form 137 ((long residential tenancies) landlord’s notice terminating long residential tenancy and proposing assured tenancy)—

(aa)

in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb)

in the first bullet point, for “an assured periodic tenancy”, substitute “[an assured periodic tenancy in England]/[a periodic standard contract in Wales]”;

(cc)

in paragraph 10, for “an assured monthly periodic tenancy”, substitute “[an assured monthly periodic tenancy in England]/[a periodic standard contract in Wales]”;

(dd)

in paragraph 11, for “assured tenancy”, substitute “[assured tenancy in England]/[periodic standard contract in Wales]”;

(ee)

in Note 13, after “assured tenancy”, insert “in England/periodic standard contract in Wales”

(ff)

in Note 14, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(gg)

in Note 14, after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(hh)

in Note 15, after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii)

in Form 338 ((long residential tenancies) landlord’s notice proposing an interim monthly rent after notice terminating long residential tenancy)—

(aa)

in Note 2, in paragraph (b), after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(bb)

in Note 2, in the words after paragraph (b), after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(cc)

in Note 5, in the words before the first paragraph (a), after “monthly periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(dd)

in Note 5, in the first paragraph (c), after “non-shorthold assured tenancy”, insert “in England,”;

(ee)

in Note 5, in the first paragraph (c), at the end, insert “or a periodic standard contract that does not incorporate section 17339 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(iii)

in Form 440 ((long residential tenancies) tenant’s notice proposing different terms or rent for an assured tenancy)—

(aa)

in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb)

in the first bullet point, for “assured monthly periodic tenancy”, substitute “[assured monthly periodic tenancy in England]/[periodic standard contract in Wales]”;

(cc)

in paragraph 3, for “assured monthly periodic tenancy”, substitute “[assured monthly periodic tenancy in England]/[periodic standard contract in Wales]”;

(dd)

in Note 1, after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(ee)

in Note 2, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ff)

in Note 4, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(gg)

in Note 4, in paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(hh)

in Note 5, after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii)

in Note 6, after “assured periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(iv)

in Form 541 ((long residential tenancies) landlord’s application referring tenant’s notice proposing different terms or rent for a proposed assured tenancy to a Tribunal)—

(aa)

in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb)

in paragraph 4(b), for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(cc)

in paragraph 4(c), for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(dd)

in paragraph 6, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ee)

in paragraph 7, for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(ff)

in Note 2, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(gg)

in Note 2, in paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(hh)

in Note 2, in the words after paragraph (c), after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii)

in Note 3, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(jj)

in Note 3, in the first paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(kk)

in Note 4, after “assured periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(v)

in Form 6 ((long residential tenancies) notice by rent assessment committee requiring further information), in paragraph 2, for “assured periodic tenancy”, in each place it occurs, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”.

Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001

20.

In the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 200142, in the Schedule (arrangements not amounting to a collective investment scheme), in paragraph 743 (certain funds relating to leasehold property)—

(a)

at the end of F3sub-paragraph (a), omit “or”;

(b)

for the full stop at the end of sub-paragraph (b), substitute

“; or
(c)
in money held in an authorised deposit scheme within the meaning of section 47 (deposit schemes: interpretation) of the Renting Homes (Wales) Act 2016.”

Allocation of Housing (Wales) Regulations 2003

21.

The Allocation of Housing (Wales) Regulations 200344 are amended as follows—

F4(a)

in regulation 2 (interpretation)—

“(i)
after the definition of “the Common Travel Area”, omit “and”;
(ii)
for the full stop at the end of the definition of “the immigration rules”, substitute “; and”;
(iii)
after the definition of “the immigration rules”, insert—
““secure contract” (“contract diogel”) has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act).”

(b)

in regulation 3 (cases where the provisions of Part VI of the Act do not apply), in paragraph (b), for “secure tenancy”, substitute “secure contract”.

Local Authorities (Capital Finance and Accounting) (Wales) Regulations 2003

22.

The Local Authorities (Capital Finance and Accounting (Wales) Regulations 200345 are amended as follows—

(a)

in regulation 1 (name, commencement, application and interpretation), in paragraph (4)46, at the appropriate places in alphabetical order, insert—

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

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

(b)

in regulation 10 (pooling of receipts from disposals of housing land), in paragraph (9)(d)47, for the definition of “relevant lease”, substitute—

““relevant lease” means—
(i)
a secure contract,
(ii)
an introductory standard contract, or
(iii)
any other lease, other than a shared ownership lease within the meaning given to it in paragraph (9)(b).”

Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006

23.

In the Selective Licensing of Houses (Specified Exemptions) (Wales) Order 200648, in article 249 (exempt tenancies or licences for the purposes of Part 3 of the Housing Act 2004), in paragraph (1)(b), omit “, which cannot be an assured tenancy by virtue of section 1(2) of that Act”.

Housing (Tenancy Deposit Schemes) Order 2007

24.

In the Housing (Tenancy Deposit Schemes) Order 200750, after article 1 (citation and commencement), insert—

“Application1A.
This Order applies in relation to England only.”

Electricity and Gas (Carbon Emissions Reduction) Order 2008

25.

In the Electricity and Gas (Carbon Emissions Reduction) Order 200851, in Schedule 1 (meaning of householder), paragraph 1 is amended as follows—

(a)

at the end of sub-paragraph (b), omit “or”;

(b)

after sub-paragraph (b), insert—

“(bb)
in the case of Wales only, a holder of a secure contract (within the meaning given by section 8 of the Renting Homes (Wales) Act 2016), or an introductory standard contract (within the meaning given by section 16 of the Renting Homes (Wales) Act 2016), except where the landlord is—
(i)
a private registered provider of social housing (within the meaning given by section 80(3) of the Housing and Regeneration Act 200852);
(ii)
a registered social landlord (being a person registered in the register maintained under section 1 of the Housing Act 199653); or
(iii)
a private landlord (within the meaning given by section 10 of the Renting Homes (Wales) Act 2016); or”.

Consumer Protection from Unfair Trading Regulations 2008

26.

Regulation 27C54 of the Consumer Protection from Unfair Trading Regulations 200855 (what immoveable property is covered by this Part?), is amended as follows—

(a)

in paragraph (2), omit “and Wales”;

(b)

after paragraph (6), insert—

“(7)
In this regulation “relevant lease” in relation to Wales means—
(a)
a standard contract, within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), or
(b)
a lease under which accommodation is let as holiday accommodation.
(8)
But none of the following are relevant leases for the purposes of paragraph (7)(a)—
(a)
an introductory standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act);
(b)
a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act);
(c)
a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);
(d)
a lease under which the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department;
(e)
a lease granted to a person as a result of the exercise by a local housing authority within the meaning of the Housing (Wales) Act 201456 of its functions under Part 2 (homelessness) of that Act;
(f)
a lease of a dwelling-house or part of a dwelling-house—
(i)
granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or part or of the cost of providing it, or
(ii)
under which the contract-holder (or the contract-holder’s personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house or part.”

Community Infrastructure Levy Regulations 2010

27.

In the Community Infrastructure Levy Regulations 201057, regulation 4958 (social housing relief), is amended as follows—

(a)

in paragraph (3)(a), after “a demoted tenancy”, insert “or a prohibited conduct standard contract”;

(b)

in paragraph 3(b), after “an introductory tenancy”, insert “or an introductory standard contract”;

(c)

in paragraph 3(c), after “a secure tenancy”, insert “or a secure contract”;

(d)

for paragraph (7)(a)(i), substitute—

“(i)
a secure contract, a standard contract or an introductory standard contract;”;

(e)

omit paragraph (7)(a)(ii);

(f)

for paragraph (7)(a)(iii) substitute—

“(iii)
a prohibited conduct standard contract, and”;

(g)

omit paragraph (7)(a)(iv);

(h)

at the end of paragraph (7A)(a)(i), insert “, a secure contract, a standard contract or a prohibited conduct standard contract”;

(i)

in paragraph (11), at the appropriate places in alphabetical order, insert—

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

““prohibited conduct standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act);”;

““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, or
(c)
a supported standard contract;”;

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

Rent Officers (Universal Credit Functions) Order 2013

28.

The Rent Officers (Universal Credit Functions) Order 201359 is amended as follows—

(a)

in article 260 (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 200861;”;

““registered social landlord” means a person registered in the register maintained under section 1 of the Housing Act 199662;”;

““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 363 (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.”

Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

29.

In the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 201564 in regulation 9 (circumstances in which a request for consent to relevant energy efficiency improvements may not be made), in paragraph (1)(c)(i), after “the Housing Act 1988”, insert “or section 15065, section 17366, section 18667 or section 19468 of the Renting Homes (Wales) Act 2016”.

Insolvency (England and Wales) Rules 2016

30.

In the Insolvency (England and Wales) Rules 201669, in rule 9.9 (property to be excluded in determining the value of a debtor’s property), paragraph (1)70 is amended as follows—

(a)

at the end of sub-paragraph (i), omit “and”;

(b)

after sub-paragraph (i), insert—

“(ia)
a standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act) and the terms of which inhibit an assignment as mentioned in section 127(5) of the Rent Act 197771;
(ib)
a secure contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act) which is not capable of being assigned except—
(i)
in the case mentioned in section 251 of the Renting Homes (Wales) Act 2016 (family property order),
(ii)
in accordance with section 92 of the Housing Act 198572 (assignment by way of exchange), or
(iii)
in accordance with section 114 of the Renting Homes (Wales) Act 2016 (transfer to potential successor); and”.

SCHEDULE 2Revocations

Regulation 3

F5Table ...

Title	Citation	Extent of revocation
Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997	S.I. 1997/194	Whole S.I.
Combined Fire Authorities (Secure Tenancies) (Wales) Regulations 1998	S.I. 1998/2214	Whole S.I.
Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) Regulations 2003	S.I. 2003/307 (W. 46)	Whole S.I.
Demoted Tenancies (Review of Decisions) (Wales) Regulations 2005	S.I. 2005/1228 (W. 86)	Whole S.I.
Introductory Tenancies (Review of Decisions to Extend a Trial Period) (Wales) Regulations 2006	S.I. 2006/2983 (W. 274)	Whole S.I.
Housing (Tenancy Deposits) (Specified Interest Rate) Order 2007	S.I. 2007/798	Whole S.I.
Assured Tenancies (Amendment of Rental Threshold) (Wales) Order 2011	S.I. 2011/1409 (W. 169)	Whole S.I.
Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) Regulations 2014	S.I. 2014/374 (W. 42)	Whole S.I.
Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (Wales) (No 2) Regulations 2014	S.I. 2014/910 (W. 89)	Whole S.I.
Secure Tenancies (Absolute Ground for Possession for Anti-Social Behaviour) (Review Procedure) (Wales) Regulations 2014	S.I. 2014/3278 (W. 335)	Whole S.I.
The Housing Act 1985 (Amendment of Schedule 2A) (Serious Offences) (Wales) Order 2016	S.I. 2016/173 (W.74)	Whole S.I.
The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019	S.I. 2019/1151 (W. 201)	Whole S.I.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under section 255 of the Renting Homes (Wales) Act 2016 (anaw 1) (“the 2016 Act”).

The 2016 Act provides for most tenancies and licences of dwellings occupied by individuals as homes in Wales to be occupation contracts. Two types of occupation contract can exist under the 2016 Act: secure contracts (which are periodic contracts) or standard contracts (which are either fixed term or periodic contracts) (see sections 8 to 17 of the 2016 Act). Not all tenancies and licences of dwellings will be occupation contracts (see Schedule 2 to the 2016 Act). The 2016 Act also makes provision as to the terms of occupation contracts.

These Regulations make consequential amendments to secondary legislation to reflect the new provisions in 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.