(This note is not part of the Regulations)
These Regulations amend the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022 (S.I. 2022/28 (W. 13)) (“the 2022 Regulations”).
These Regulations are made pursuant to section 141(1) and (2) of the Renters’ Rights Act 2025 (c. 26) (“the 2025 Act”) which confers a power upon the Welsh Ministers to make provision that is consequential on Part 1 of the 2025 Act.
Chapter 4 of Part 1 of the 2025 Act makes provision in relation to discrimination in the rental market in Wales. Section 46 of Chapter 4 makes amendments to the Renting Homes (Wales) Act 2016 (anaw 1) (“the 2016 Act”) regarding discrimination.
Section 29(1) of the 2016 Act (model written statement of contract) requires the Welsh Ministers to prescribe model written statements of contract for such kinds or descriptions of occupation contract as they think fit.
A model written statement of contract is a written statement which incorporates without modification all the fundamental and supplementary provisions applicable to that contract (see section 29(2) of the 2016 Act).
Chapter 3 of Part 2 of the 2016 Act introduces the concept of fundamental provisions which are—
provisions of the 2016 Act, and
other provisions which are fundamental provisions by virtue of section 22(1)(a) of the 2016 Act,
that are incorporated as terms of occupation contracts or particular kinds or descriptions of occupation contracts (subject to sections 20(1) and (2) and 21 of the 2016 Act) and so form part of the contract between a contract-holder and a landlord.
Once a fundamental provision is included in an occupation contract, it is referred to as a “fundamental term” of the contract.
Regulation 3 of, and the Schedules to, the 2022 Regulations prescribe model written statements of contract for secure contracts, periodic standard contracts and fixed term standard contracts. Schedule 1 to the 2022 Regulations sets out the model written statement of contract that applies to secure occupation contracts; Schedule 2 of the 2022 Regulations sets out the model written statement of contract that applies to periodic standard occupation contracts and Schedule 3 to the 2022 Regulations sets out the model written statement of contract that applies to relevant fixed term standard contracts. Regulation 3(2) of the 2022 Regulations defines a “relevant periodic standard occupation contract” and a “relevant fixed term standard contract”.
Regulation 3 of these Regulations amends Part 3 of Schedules 1, 2 and 3 to the 2022 Regulations. The amendments are made to insert the fundamental provisions set out in sections 54A (right for children to live at or visit dwelling) and 54B (right to claim benefits) of the 2016 Act, as inserted by section 46 of the 2025 Act.
Section 22(1) of the 2016 Act enables the Welsh Ministers to make regulations which specify that any provision of any enactment is, or is not, a fundamental provision applicable to an occupation contract.
Regulation 4 of these Regulations provides that section 54A of the 2016 Act is not a fundamental provision of occupation contracts that are supported standard contracts.
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 these Regulations.