Renting Homes (Wales) Act 2016
[^key-8a1ee128cf2777a5be227286a7c73002]: Sch. 12 para. 14(2)(b) and word inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 (S.I. 2022/799), regs. 1, 5(7)(b) (as amended by S.I. 2022/906, arts. 1(2), 14)
[^key-119f6cdc83809b291558a503f7901684]: Sch. 12 para. 11A inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 5
[^key-8e1f8605ebd4996473a6ed12f24c7435]: Words in Sch. 12 para. 1(1) inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 3
[^key-8f078dcecadaa62389cd1e27bb376baa]: Sch. 12 para. 11(1A) substituted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 4(a)
[^key-0149899cc36837ba044253d14258d453]: Sch. 12 para. 11(3) inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 4(b)
[^key-8f9867a7b50129c2181cc3ff51d296d7]: Words in Sch. 12 para. 12A inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 6(a)
[^key-cf028df63d14593ea85a157c5be70de7]: Words in Sch. 12 para. 12A(b) omitted (1.6.2023) by virtue of The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 6(b)
[^key-df254496426d3cc4e14e19745501e3f9]: Words in Sch. 12 para. 13(1) inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 7
[^key-fb6baba4a7d3d8e56246b60731755673]: Words in Sch. 12 para. 15(3)(b) omitted (1.6.2023) by virtue of The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 8
[^key-e996fcdbd4fb311521c7ed52c77d26db]: Words in Sch. 12 para. 32(1) inserted (1.6.2023) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 9
[^key-ed38e5c953044314cb88122f03dc06d4]: Words in s. 243(3) inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277), regs. 1(1), 2(3)
[^key-2081dd024853fc64592a42eaebea3653]: Sch. 2 para. 7(3)(l) inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277), regs. 1(1), 2(2)(a)(i)
[^key-b6b9337d5417a5409767f4fa5bd605e4]: Words in Sch. 2 para. 12(1) inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277), regs. 1(1), 2(2)(b)
[^key-27a7efcb9d58f943e10c06120100fb05]: Sch. 2 para. 10A inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277), regs. 1(1), 2(2)(a)(ii)
[^key-eaf2b276c8326b14f8e8df9f1a35459a]: S. 9(2)(c) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 16(2)
[^key-6a73c79f1bb8bedb65c016bde3db64fb]: S. 243(4) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 16(3)
[^key-a7bca7661a9afe67ccaf4df499eb8d74]: Words in s. 253 Table 2 omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 16(4)
[^key-766b309ad2643a20e2c958c13a3da986]: Sch. 3 para. 7(2)(c) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 16(5)
174A
- (1) If a periodic standard contract is within Schedule 8A, the date specified in a notice under section 173 may not be less than two months after the day on which the notice is given to the contract-holder.
- (2) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which—
- (a) incorporate section 173 as a term of the contract, and
- (b) are within Schedule 8A.
177A
- (1) Subsection (2) applies where—
- (a) a landlord (having given a contract-holder a notice under section 173) has made a possession claim on the ground in section 178, and
- (b) the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).
- (2) The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.
- (3) This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract.
186A
Schedule 9A imposes restrictions on the giving of notice under section 186, related to breaches of certain statutory obligations.
195A
- (1) If a fixed term standard contract is within Schedule 8A, the date specified in a notice under a landlord's break clause may not be less than two months after the day on which the notice is given to the contract-holder.
- (2) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts which—
- (a) have a landlord's break clause, and
- (b) are within Schedule 8A.
Review of decision to terminate introductory standard contract or prohibited conduct standard contract
239A
- (1) The Welsh Ministers may by regulations amend this Act for the purpose of—
- (a) providing that certain provisions do not apply in relation to a tenancy or licence to which subsection (2) applies;
- (b) making new provision which only applies to a tenancy or licence to which subsection (2) applies;
- (c) making provision in relation to the end of the term of a long tenancy (within the meaning of paragraph 8 of Schedule 2).
- (2) This subsection applies to any tenancy or licence which would, but for section 239, have been a tenancy or licence of the kind listed in subsection (1) of that section, or would have been treated as a tenancy or licence of that kind.
- (3) Regulations under this section may make provision about tenancies or licences which are not, and cannot be, occupation contracts.
SCHEDULE 8A
Prohibited conduct standard contracts
1
A prohibited conduct standard contract.
Tenancies and licences which are occupation contracts because of notice given under Part 2 of Schedule 2
2
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).
Accommodation for students in higher education
3
- (1) A standard contract where—
- (a) the landlord is a higher education institution, and
- (b) the right to occupy is conferred for the purpose of enabling the contract-holder to attend a course of study at that institution, or at another higher education institution (whether or not the right to occupy is also conferred for another purpose).
- (2) “Higher education institution” means an institution in the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992 (c. 13)).
Supported accommodation
4
A supported standard contract.
...
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accommodation for homeless persons
6
A standard contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).
Service occupancy
7
A standard contract where the contract-holder is required by his or her contract of employment to occupy the dwelling.
Service occupancy: police
8
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
9
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
- (c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.
Temporary accommodation: land acquired for development
10
- (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
11
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,
- (c) the lessor is not a community landlord, and
- (d) the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.
Temporary accommodation: accommodation during works
12
- (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
13
The Welsh Ministers may by regulations amend this Schedule.
SCHEDULE 9A
PART 1 — THE RESTRICTIONS
Failure to provide written statement
1
- (1) This paragraph is incorporated as a term of all standard contracts which—
- (a) are mentioned in paragraph 7(1), and
- (b) incorporate section 31.
- (2) A landlord may not give notice at a time when—
- (a) the contract-holder has not been given a written statement of the contract under section 31(1) (requirement to provide written statement at the start of a contract), or
- (b) the landlord is aware that the identity of the contract-holder has changed, and the new contract-holder has not been given a written statement of the contract under section 31(2) (requirement to give written statement to a new contract-holder).
Six month restriction following failure to provide written statement within the period specified in section 31
2
- (1) This paragraph is incorporated as a term of all standard contracts which—
- (a) are mentioned in paragraph 7(1), and
- (b) incorporate section 31.
- (2) A landlord who has failed to comply with section 31(1) or (2) may not give notice during the period of six months starting with the day on which the landlord gave a written statement of the contract to the contract-holder.
Failure to provide information
3
- (1) This paragraph is incorporated as a term of all standard contracts which—
- (a) are mentioned in paragraph 7(1), and
- (b) incorporate section 39.
- (2) A landlord may not give notice at a time when the landlord has not provided a notice required under section 39 (duty to provide information).
Breach of security and deposit requirements
4
- (1) A landlord may not give notice at a time when security required by the landlord in connection with the contract in a form not permitted by section 43 has not been returned to the person by whom it was given.
- (2) A landlord may not give a notice at a time when any of sub-paragraphs (3) to (5) apply unless—
- (a) a deposit paid in connection with the contract has been returned to the contract-holder (or any person who paid the deposit on the contract-holder's behalf) either in full or with such deduction as may have been agreed, or
- (b) an application to the county court has been made under paragraph 2 of Schedule 5 and has been determined by the county court, withdrawn, or settled by agreement between the parties.
- (3) This sub-paragraph applies if a deposit has been paid in connection with the contract but the initial requirements of an authorised deposit scheme have not been complied with.
- (4) This sub-paragraph applies if a deposit has been paid in connection with the contract but the landlord has not provided the information required by section 45(2)(b).
- (5) This sub-paragraph applies if a deposit paid in connection with the contract is not being held in accordance with an authorised deposit scheme.
- (6) Sub-paragraph (1) is only incorporated as a term of a contract mentioned in paragraph 7(1) which incorporates section 43.
Prohibited payments and holding deposits under the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)
5
- (1) A landlord may not give a notice at a time when—
- (a) a prohibited payment (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) has been made in relation to the contract as described in section 2 or 3 of that Act, and
- (b) that prohibited payment has not been repaid.
- (2) A landlord may not give a notice at a time when—
- (a) a holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) paid in relation to the contract has not been repaid, and
- (b) the failure to repay the deposit amounts to a breach of the requirements of Schedule 2 to that Act.
- (3) In determining for the purposes of this paragraph whether a prohibited payment or a holding deposit has been repaid, the payment or deposit is to be treated as having been repaid to the extent (if any) that it has been applied towards either or both of the following—
- (a) a payment of rent under the contract;
- (b) a payment required as security in respect of the contract.
Meaning of “notice”
6
In this Schedule, “notice” means notice under—
- (a) section 173 (landlord's notice under a periodic standard contract);
- (b) section 186 (landlord's notice in connection with end of fixed term);
- (c) a landlord's break clause in a fixed term standard contract.
PART 2 — FURTHER PROVISION
Fundamental provision
7
- (1) Part 1 of this Schedule is a fundamental provision which is , subject to any provision to the contrary in Part 1, incorporated as a term of all—
- (a) periodic standard contracts which incorporate section 173 as a term of the contract,
- (b) fixed term standard contracts which incorporate section 186 as a term of the contract, and
- (c) fixed term standard contracts which have a landlord's break clause.
- (2) Section 20 provides that Part 1 of this Schedule—
- (a) must be incorporated, and
- (b) must not be incorporated with modifications.
Power to amend Schedule
8
The Welsh Ministers may by regulations amend this Schedule.
SCHEDULE 9B
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
- (c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.
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,
- (c) the lessor is not a community landlord, and
- (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
- (c) the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.
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,
- (c) the lessor is not a community landlord, and
- (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
- (c) in section 175, for subsections (2) and (3) there were substituted—
(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
- (c) references to the ground in section 186(5) include a reference to the ground in paragraph 25B(6).
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;
- (c) paragraphs 4(2) to (5) of Schedule 9A.
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”;
- (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.
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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