On 15 July 2022 it was announced by Julie James, Minister for Climate Change, that the following further pieces of subordinate legislation have been approved:
- The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022;
- The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022; and
- The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022.
The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 makes provision for certain categories of tenancy which are in existence on 1 December 2022. The Regulations clarify the position in relation to converted supported occupation contracts. They set out that assured shorthold tenancies that were starter tenancies granted by RSLs will convert into introductory standard contracts.
The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 identifies certain categories of accommodation which are not within the scope of the Act, for example accommodation provided for asylum seekers by or on behalf of the Secretary of State.
A revised draft version of the Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 has also been laid before the Senedd, with the earlier version being withdrawn. A Senedd plenary debate will be scheduled after the summer recess.
In addition to the above, on 18 July 2022 the following were published:
- The Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022;
- The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (draft form to be made final in Autumn).
The Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022 have been made to preserve the right of certain assured tenants to refer a rent variation notice to a Rent Assessment Committee to seek a rent determination. Where existing tenancies which include such a provision convert into occupation contracts, such entitlement will carry over.
The purpose of the Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 is to:
- Ensure that where possession proceedings have already been issued prior to implementation of the Act, the proceedings can be concluded in accordance with the provisions of the legislative framework under which they were initiated;
- Ensure entitlements currently existing within tenancies are preserved, striking a balance in respect of parties rights and obligations;
- Confirm that certain provisions relating to temporary accommodation will not apply until 12 months after the Act comes into force. Any tenancy or licence provided by a third party landlord on behalf of a local authority in exercise of the authority’s homelessness duties will not be an occupation contract until 12 months after the Act comes into force (unless the landlord gives notice).
You can find the written statement of Julie James here.
For further information or assistance on these changes and how to prepare for implementation of the 2016 Act, please contact Lee Russell or Victoria Smith in our Housing Management and Property Litigation team.
