The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023

• Citation: S.I. 2023/556 (W.)
• Sections: 10

Section 1 Title and coming into force

The title of these Regulations is the Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 and they come into force on 1 June 2023.

Section 2 Amendments to Schedule 12

Schedule 12 (conversion of tenancies and licences existing before commencement of Chapter 3 of Part 10) to the Renting Homes (Wales) Act 2016 is amended as follows.

Section 3 Amendments to Schedule 12

In paragraph 1(1) (definitions), at the appropriate place, insert—

“ substitute contract ” (“ contract sy’n cymryd lle contract arall ”) has the meaning given in paragraph 32.

Section 4 Amendments to Schedule 12

In paragraph 11 (written statement of converted contract and provision of information)—

(a) for sub-paragraph (1A) substitute—

(1A) Where there has been a change in the identity of the contract-holder before 1 June 2023 (which is the first day after the end of the information provision period), section 31(2) (provision of written statement to new contract-holder) applies in relation to a converted contract as if for “the day on which the identity of the contract-holder changes” there were substituted “1 June 2023” .

(b) after sub-paragraph (2) insert—

(3) This paragraph does not apply in relation to a substitute contract (and accordingly section 31 applies, as modified by paragraph 11A, in relation to such contracts).

Section 5 Amendments to Schedule 12

After paragraph 11 insert—

(11A)

(1) In their application to a substitute contract that has come into existence before 1 June 2023—

(a) section 31(1) is to be read as if for “the occupation date” there were substituted “1 June 2023” ;

(b) section 31(2) is to be read as if for “the day on which the identity of the contract-holder changes” there were substituted “1 June 2023” ;

(c) the following provisions are to be read as if for “the occupation date” there were substituted “1 June 2023” —

(i) section 36(3)(a);

(ii) section 37(3)(a);

(d) section 39(1) is to be read as if for “the occupation date of the contract” there were substituted “1 June 2023” .

(2) In their application to a substitute contract that has come into existence on or after 1 June 2023—

(a) the following provisions are to be read as if the references to the occupation date were references to the day on which the contract-holder is entitled to begin occupying the dwelling under the substitute contract—

(i) section 31(1);

(ii) section 36(3)(a);

(iii) section 37(3)(a);

(b) section 39(1) is to be read as if the reference to the occupation date of the contract were a reference to the date on which the contract-holder is entitled to begin occupying the dwelling under the substitute contract.

Section 6 Amendments to Schedule 12

In paragraph 12A —

(a) after “converted contract” insert “, other than a substitute contract,” ;

(b) in sub-paragraph (b), in the modified paragraph 2(a) of Schedule 9A, omit “(where it is not disapplied by paragraph 11(1A) of that Schedule)”.

Section 7 Amendments to Schedule 12

In paragraph 13(1), after “converted contract” insert “, other than a substitute contract,” .

Section 8 Amendments to Schedule 12

In paragraph 15(3)(b) , omit “(see paragraph 32)”.

Section 9 Amendments to Schedule 12

In paragraph 32(1) (substitute occupation contracts), after “paragraph 28” insert “or where express provision is made to the contrary” .

Section 10 Amendment to the Renting Homes (Amendment) (Wales) Act 2021

Omit paragraph 27(2) of Schedule 6 (minor and consequential amendments) to the Renting Homes (Amendment) (Wales) Act 2021 .