Legalize / United Kingdom / Wales / Act of Senedd Cymru

Renting Homes (Wales) Act 2016

Type Act of Senedd Cymru

Publication 2016-01-18

Last updated 2025-09-10

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service).

Service occupancy: fire and rescue services

7

A standard contract where—

(a) the contract-holder is an employee of a fire and rescue authority,

(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and

Temporary accommodation: land acquired for development

8

(1) A standard contract where—

(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and

(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.

(2) “Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).

Temporary accommodation: short-term arrangements

9

A standard contract where—

(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,

(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,

(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.

Temporary accommodation: accommodation during works

10

(1) A standard contract where—

(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,

(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and

(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.

(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.

(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract.

Power to amend Schedule

11

The Welsh Ministers may by regulations amend this Schedule.

SCHEDULE 9C

Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2

1

A standard contract which would not be an occupation contract but for a notice under paragraph 3 of Schedule 2 (holiday accommodation; care institutions; temporary expedients; shared accommodation).

Supported accommodation

2

A supported standard contract.

...

3.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accommodation for homeless persons

4

A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).

Service occupancy

5

A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.

Service occupancy: police

6

A standard contract where—

(a) the contract-holder is a member of a police force, and

(b) the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c. 16) (general regulations as to government, administration and conditions of service).

Service occupancy: fire and rescue services

7

A standard contract where—

(a) the contract-holder is an employee of a fire and rescue authority,

(b) the contract-holder's contract of employment requires him or her to live in close proximity to a particular fire station, and

Temporary accommodation: land acquired for development

8

(1) A standard contract where—

(a) the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and

(b) the dwelling is used by the landlord as temporary housing accommodation pending development of the land.

(2) “Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).

Temporary accommodation: short-term arrangements

9

A standard contract where—

(a) the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,

(b) the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,

(d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.

Temporary accommodation: accommodation during works

10

(1) A standard contract where—

(a) the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,

(b) the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and

(c) the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.

(2) In this paragraph, references to the contract-holder include references to the contract-holder's predecessor.

(3) For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under a standard contract if that person was an earlier contract-holder under the same contract.

Power to amend Schedule

11

The Welsh Ministers may by regulations amend this Schedule.

12A

... Schedule 9A (restrictions on giving notice under section 173, under section 186, and under a landlord's break clause) applies in relation to a converted contract , other than a substitute contract, as if—

(a) paragraph 1 were omitted, and

(b) for paragraph 2 there were substituted—

(2) If— (a) a landlord is required to provide a written statement of the contract under paragraph 11(1) of Schedule 12, or under section 31(2) ..., and (b) the landlord has failed to comply with paragraph 11(1) or section 31(2), the landlord may not give notice before the end of the period of six months starting with the day on which the landlord gave the written statement to the contract-holder.

25A

(1) This paragraph applies to a periodic standard contract which immediately before the appointed day was an assured shorthold tenancy.

(2) This Act applies as if—

(a) the reference in section 174(1) (landlord’s notice: minimum notice period) to “six months” were, in relation to a notice given under section 173 during the period of six months starting with the appointed day, a reference to “two months”, and

(b) in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the reference in subsection (1) (and the heading) to “six months” was a reference to “four months” , and

(2) If the converted contract is a substitute tenancy or licence, the landlord may not give notice under section 173 before the end of the period of four months starting with the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence. (3) For the purposes of subsection (2)— (a) a converted contract was a substitute tenancy or licence if— (i) the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence, (ii) immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and (iii) the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and (b) “original tenancy or licence” means— (i) where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence; (ii) where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences.

25B

(1) This paragraph applies to a fixed term standard contract which—

(a) immediately before the appointed day was a tenancy or licence for a fixed term, and

(b) is not within Schedule 9B.

(1A) The reference to a tenancy or licence for a fixed term in sub-paragraph (1)(a) does not include a reference to an assured tenancy that was not an assured shorthold tenancy.

(2) The landlord may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

(3) The specified date may not be less than six months after—

(a) the occupation date (see paragraph 31), or

(b) if, immediately before the appointed day, the converted contract was a substitute tenancy or licence, the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence.

(4) Subject to sub-paragraph (3), the specified date—

(a) may not be before the last day of the term for which the converted contract was made, and

(b) may not be less than two months after the day on which the notice is given to the contract-holder.

(5) For the purposes of sub-paragraph (3)—

(a) a converted contract was a substitute tenancy or licence if—

(i) the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence,

(ii) immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and

(iii) the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and

(b) “original tenancy or licence” means—

(i) where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence;

(ii) where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences.

(6) If the landlord gives the contract-holder a notice under sub-paragraph (2), the landlord may on that ground make a possession claim.

(7) The landlord may not make a possession claim on that ground before the end of the fixed term standard contract.

(8) Sub-paragraphs (2) to (7) are fundamental provisions which are incorporated as a term of all fixed term standard contracts to which this paragraph applies.

25C

Where paragraph 25B applies, this Act applies as if—

(a) references to section 186 include a reference to paragraph 25B,

(b) references to a notice under section 186(1) include a reference to a notice under paragraph 25B(2), and

25D

(1) This paragraph applies to a fixed term standard contract (other than a tenancy or licence mentioned in paragraph 26(2) or (3)) which, immediately before the appointed day, was a tenancy or licence for a fixed term containing a landlord's break clause.

(2) This Act applies as if—

(a) in section 194 (landlord's break clause)—

(i) in subsection (1), the words “which is within subsection (1A)” were omitted, and

(ii) subsection (1A) were omitted,

(b) in section 195 (minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,

(c) in section 196 (landlord's notice: notice may not be given until after first 18 months of occupation), the reference in subsection (1) (and the heading) to “18 months” were a reference to “four months”, and

(d) Schedule 9C were omitted.

Failure to provide valid energy performance certificate

3A

(1) This paragraph is incorporated as a term of all standard contracts which—

(a) are mentioned in paragraph 7(1), and

(b) relate to a dwelling in relation to which regulation 6(5) of the EPB Regulations (requirement to give tenant a valid energy performance certificate) applies.

(2) A landlord may not give notice at a time when the landlord has not complied with regulation 6(5) of the EPB Regulations.

(3) For the purposes of this paragraph, it does not matter when the valid energy performance certificate was given (and nothing in this paragraph requires that a new energy performance certificate be given to a contract-holder when a certificate given to that contract-holder in compliance with that regulation ceases to be valid under the EPB Regulations).

(4) In this paragraph—

“the EPB Regulations” (“y Rheoliadau PYA”) means the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118);

“valid energy performance certificate” (“tystysgrif perfformiad ynni ddilys”) is to be interpreted in accordance with the EPB Regulations.

Failure to ensure that working smoke alarms and carbon monoxide alarms are installed

5A

(1) This paragraph is incorporated as a term of all standard contracts—

(a) which are mentioned in paragraph 7(1), and

(b) in relation to which regulation 5 of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (S.I. 2022/6 (W. 4)) (“the Fitness for Human Habitation Regulations”) applies.

(2) A landlord may not give notice at a time when—

(a) the dwelling is treated as unfit for human habitation by virtue of regulation 5(3) of the Fitness for Human Habitation Regulations (failure to ensure that working smoke alarms and, in certain circumstances, carbon monoxide alarms are installed in a dwelling), and

(b) as a result, the landlord is required under Part 4 of this Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation.

Failure to supply electrical condition report etc.

5B

(1) This paragraph is incorporated as a term of all standard contracts—

(a) which are mentioned in paragraph 7(1), and

(b) in relation to which regulation 6 of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (S.I. 2022/6 (W. 4)) (“the Fitness for Human Habitation Regulations”) applies.

(2) A landlord may not give notice at a time when—

(a) the dwelling is treated as unfit for human habitation by virtue of regulation 6(6) of the Fitness for Human Habitation Regulations (failure to obtain an electrical condition report, or to give the contract holder such a report or written confirmation of certain other electrical work), and

(b) as a result, the landlord is required under Part 4 of this Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation.

Failure to provide gas safety report to contract-holder

5C

(1) This paragraph is incorporated as a term of all standard contracts—

(a) which are mentioned in paragraph 7(1), and

(b) in relation to which regulation 36 of the Gas Safety Regulations applies.

(2) A landlord may not give notice at a time when the landlord has not complied with regulation 36(6) or (as the case may be) (7) of the Gas Safety Regulations (requirement to provide or display report on safety etc. of gas installations).

(3) For the purposes of sub-paragraph (2), a landlord who has not complied with regulation 36(6) or (7) of the Gas Safety Regulations is to be treated as in compliance with the provision in question at any time when—

(a) the landlord has ensured that the contract-holder has been given, or (as the case may be) there is displayed in a prominent position in the dwelling, a copy of a gas safety record, and

(b) that record is valid.

(4) For the purposes of sub-paragraph (3), a gas safety record is valid until the end of the period within which the appliance or flue to which the record relates is required, under the Gas Safety Regulations, to again be subjected to a check for safety.

(5) In this paragraph—

“check for safety” (“gwiriad diogelwch”) means a check for safety carried out in accordance with regulation 36(3) of the Gas Safety Regulations;

“gas safety record” (“cofnod diogelwch nwy”) means a record made pursuant to the requirements of regulation 36(3)(c) of the Gas Safety Regulations;

“Gas Safety Regulations” (“Rheoliadau Diogelwch Nwy”) means the Gas Safety (Installation and Use) Regulations 1998 (S.I. 1998/2451).

Deposit Schemes

13A

(1) The provisions mentioned in sub-paragraph (2) do not apply to a converted contract unless, immediately before the appointed day, it was an assured shorthold tenancy.

(2) The provisions (which concern a requirement to use a deposit scheme) are—

(a) sections 45 and 46;

(b) Schedule 5;

Supported standard contract that was an assured shorthold tenancy

24A

This Act applies to a converted contract which—

(a) immediately before the appointed day was an assured shorthold tenancy, and

(b) took effect on conversion as a supported standard contract,

as if sections 144 (mobility) and 145 (temporary exclusion) were omitted.

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”;

(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.

10A

(1) Private sector temporary homelessness accommodation is accommodation which—

(a) is provided by a private landlord under arrangements made with a local housing authority in pursuance of any of that authority’s homelessness housing functions, and

(b) is within the definition of “B&B accommodation” in article 2 (interpretation) of the Homelessness (Suitability of Accommodation) (Wales) Order 2015 (S.I. 2015/1268 (W. 87)), as it has effect on 30 November 2023, which is the date on which the Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/XXXX (W. XX)) came into force.

(2) In this paragraph “local housing authority” and “homelessness housing functions” have the meanings given in paragraph 12(5).

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