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Reform history

Renting Homes (Amendment) (Wales) Act 2021

5 versions · 2021-04-07

2023-06-01

Renting Homes (Amendment) (Wales) Act 2021

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2022-12-01

Renting Homes (Amendment) (Wales) Act 2021

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2021-06-07

Renting Homes (Amendment) (Wales) Act 2021

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2021-04-08

Renting Homes (Amendment) (Wales) Act 2021

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Changes on 2021-04-08

@@ -1,16 +1,16 @@

# Renting Homes (Amendment) (Wales) Act 2021

### Landlord’s notice: minimum notice periods

#### Landlord’s notice under periodic standard contract: minimum notice period

### Landlord's notice: minimum notice periods

#### Landlord's break clause restricted to certain fixed term standard contracts

##### 1

- (1) The [Renting Homes (Wales) Act 2016 (anaw 1)](https://www.legislation.gov.uk/anaw/2016/1) (“the 2016 Act”) is amended as follows.

- (1) The Renting Homes (Wales) Act 2016 (anaw 1) (“*the 2016 Act*”) is amended as follows.

- (2) In section 174 (notices under section 173: minimum notice period)—

- (a) in subsection (1), for “two months” substitute “six months”;

- (a) in subsection (1), for “two months” substitute “ six months ”;

- (b) for subsection (2) substitute—

@@ -32,31 +32,31 @@

- (1) The 2016 Act is amended as follows.

- (2) In section 195 (landlord’s break clause: minimum notice period)—

- (a) in subsection (1), for “two months” substitute “six months”;

- (2) In section 195 (landlord's break clause: minimum notice period)—

- (a) in subsection (1), for “two months” substitute “ six months ”;

- (b) for subsection (2) substitute—

> (2) This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—

> (a) do not have a landlord’s break clause, or

> (b) are within Schedule 8A (whether or not they have a landlord’s break clause).

> (a) do not have a landlord's break clause, or

> (b) are within Schedule 8A (whether or not they have a landlord's break clause).

- (3) After section 195 insert—

> (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.

> (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

> (a) have a landlord's break clause, and

> (b) are within Schedule 8A.

#### Standard contracts with minimum notice period of two months

##### 3

Schedule 1 inserts a new Schedule 8A into the 2016 Act, setting out standard contracts which can be terminated by the landlord on giving two months’ notice.

### When landlord’s notice may be given

Schedule 1 inserts a new Schedule 8A into the 2016 Act, setting out standard contracts which can be terminated by the landlord on giving two months' notice.

### When landlord's notice may be given

#### Landlord’s notice under periodic standard contract: when notice may be given

@@ -64,25 +64,25 @@

- (1) In section 175 of the 2016 Act (restrictions on giving notice under section 173 in first four months of occupation)—

- (a) in subsection (1), for “four months” substitute “six months”;

- (b) in subsection (2), for “four months” substitute “six months”.

- (2) The heading of section 175 becomes “Restriction on section 173: notice may not be given until after the first six months of occupation”.

- (a) in subsection (1), for “four months” substitute “ six months ”;

- (b) in subsection (2), for “four months” substitute “ six months ”.

- (2) The heading of section 175 becomes “ Restriction on section 173: notice may not be given until after the first six months of occupation ”.

#### Landlord’s break clause under fixed term standard contract: when notice may be given

##### 5

- (1) In section 196 of the 2016 Act (restrictions on use of landlord’s break clause in first four months of occupation)—

- (a) in subsection (1), for “four months” substitute “18 months”;

- (1) In section 196 of the 2016 Act (restrictions on use of landlord's break clause in first four months of occupation)—

- (a) in subsection (1), for “four months” substitute “ 18 months ”;

- (b) omit subsections (2) and (3).

- (2) The heading of section 196 becomes “Restriction on use of landlord’s break clause until after the first 18 months of occupation”.

### Giving and withdrawing landlord’s notice

- (2) The heading of section 196 becomes “ Restriction on use of landlord's break clause until after the first 18 months of occupation ”.

### Giving and withdrawing landlord's notice

#### Restrictions on giving notice under section 173 or 186 or under a landlord’s break clause: breaches of statutory obligations

@@ -94,19 +94,19 @@

> (176) Schedule 9A imposes restrictions on the giving of notice under section 173, related to breaches of certain statutory obligations.

- (3) After section 186 (landlord’s notice in connection with end of fixed term) insert—

- (3) After section 186 (landlord's notice in connection with end of fixed term) insert—

> (186A) Schedule 9A imposes restrictions on the giving of notice under section 186, related to breaches of certain statutory obligations.

- (4) For section 197 (restrictions on giving notice under a landlord’s break clause: information requirements) substitute—

> (197) Schedule 9A imposes restrictions on the giving of notice under a landlord’s break clause, related to breaches of certain statutory obligations.

- (5) In the [Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)](https://www.legislation.gov.uk/anaw/2019/2)—

- (4) For section 197 (restrictions on giving notice under a landlord's break clause: information requirements) substitute—

> (197) Schedule 9A imposes restrictions on the giving of notice under a landlord's break clause, related to breaches of certain statutory obligations.

- (5) In the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)—

- (a) for section 20 (restrictions on terminating contracts), substitute—

> (20) Schedule 9A to the [Renting Homes (Wales) Act 2016 (anaw 1)](https://www.legislation.gov.uk/anaw/2016/1) includes provision relating to standard occupation contracts preventing a landlord from giving a notice seeking possession of a dwelling under section 173 or 186 of that Act, or under a landlord’s break clause, if the landlord has not complied with provisions of this Act relating to prohibited payments and retained holding deposits.

> (20) Schedule 9A to the Renting Homes (Wales) Act 2016 (anaw 1) includes provision relating to standard occupation contracts preventing a landlord from giving a notice seeking possession of a dwelling under section 173 or 186 of that Act, or under a landlord's break clause, if the landlord has not complied with provisions of this Act relating to prohibited payments and retained holding deposits.

;

@@ -142,7 +142,7 @@

- (1) The 2016 Act is amended as follows.

- (2) In section 180 (termination of contract on landlord’s notice), in subsection (3), for the words from “, before the contract ends” to the end substitute

- (2) In section 180 (termination of contract on landlord's notice), in subsection (3), for the words from “, before the contract ends” to the end substitute

> —

> (a) before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or

@@ -150,7 +150,7 @@

> (i) the landlord withdraws the notice by giving further notice to the contract-holder, and

> (ii) the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.

- (3) In section 201 (termination of contract under landlord’s break clause), in subsection (3), for the words from “, before the contract ends” to the end substitute

- (3) In section 201 (termination of contract under landlord's break clause), in subsection (3), for the words from “, before the contract ends” to the end substitute

> —

@@ -173,14 +173,14 @@

> (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.

- (3) For section 198 of the 2016 Act (restrictions on giving notice under landlord’s break clause: security and deposit requirements) substitute—

- (3) For section 198 of the 2016 Act (restrictions on giving notice under landlord's break clause: security and deposit requirements) substitute—

> (198)

> (1) Subsection (2) applies where—

> (a) a landlord (having given a contract-holder a notice under a landlord’s break clause) has made a possession claim on the ground in section 199, and

> (a) a landlord (having given a contract-holder a notice under a landlord's break clause) has made a possession claim on the ground in section 199, 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 a landlord’s break clause 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 fixed term standard contracts with a landlord’s break clause.

> (2) The landlord may not give another notice under a landlord's break clause 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 fixed term standard contracts with a landlord's break clause.

### Further provision about termination of fixed term standard contracts

@@ -188,19 +188,19 @@

##### 10

- (1) Section 186 of the 2016 Act (landlord’s notice in connection with end of fixed term) is amended as follows—

- (a) in subsection (1), after “fixed term standard contract” insert “which is within Schedule 9B”;

- (1) Section 186 of the 2016 Act (landlord's notice in connection with end of fixed term) is amended as follows—

- (a) in subsection (1), after “fixed term standard contract” insert “ which is within Schedule 9B ”;

- (b) omit subsection (2);

- (c) in subsection (3), for “Subject to subsection (2), the” substitute “The”;

- (c) in subsection (3), for “Subject to subsection (2), the” substitute “ The ”;

- (d) omit subsection (4);

- (e) in subsection (8) for the words from “; subsections (2)” to the end substitute “which are within Schedule 9B.”

- (2) In the heading of section 186, at the end insert “of contract within Schedule 9B”.

- (e) in subsection (8) for the words from “; subsections (2)” to the end substitute “ which are within Schedule 9B. ”

- (2) In the heading of section 186, at the end insert “ of contract within Schedule 9B ”.

- (3) Schedule 3 inserts a new Schedule 9B into the 2016 Act (after Schedule 9A, inserted by section 6), setting out fixed term standard contracts to which section 186 of that Act applies.

@@ -208,9 +208,9 @@

##### 11

- (1) In section 194 of the 2016 Act (landlord’s break clause)—

- (a) in subsection (1) after “fixed term standard contract” insert “which is within subsection (1A)”;

- (1) In section 194 of the 2016 Act (landlord's break clause)—

- (a) in subsection (1) after “fixed term standard contract” insert “ which is within subsection (1A) ”;

- (b) after subsection (1), insert—

@@ -218,7 +218,7 @@

> (a) it is made for a term of two years or more, or

> (b) it is within Schedule 9C (whether or not it is made for a term of two years or more).

- (2) Schedule 4 inserts a new Schedule 9C into the 2016 Act (after Schedule 9B, inserted by section 10), setting out fixed term standard contracts which may contain a landlord’s break clause regardless of whether they are for a term of less than two years.

- (2) Schedule 4 inserts a new Schedule 9C into the 2016 Act (after Schedule 9B, inserted by section 10), setting out fixed term standard contracts which may contain a landlord's break clause regardless of whether they are for a term of less than two years.

### Variation of periodic standard contracts

@@ -232,7 +232,7 @@

- (a) in subsection (1)—

- (i) for “127)—” substitute “127) by agreement between the landlord and the contract-holder.”;

- (i) for “127)—” substitute “ 127) by agreement between the landlord and the contract-holder. ”;

- (ii) omit paragraphs (a) and (b);

@@ -240,7 +240,7 @@

- (3) Omit section 126 (variation by landlord: notice procedure).

- (4) In section 173 (landlord’s notice), omit subsection (3).

- (4) In section 173 (landlord's notice), omit subsection (3).

### Temporary exclusion of contract-holder from dwelling under standard contract

@@ -291,10 +291,10 @@

> (b) a standard occupation contract mentioned in sub-paragraph (3).

> (3) A payment of a service charge is a permitted payment if it is required under a standard occupation contract within section 143 of the 2016 Act (contracts relating to supported accommodation).

> (4) For the purposes of this paragraph—

> - “2016 Act” (“*Deddf 2016*”) means the [Renting Homes (Wales) Act 2016 (anaw 1)](https://www.legislation.gov.uk/anaw/2016/1);

> - “community landlord” (“*landlord cymunedol*”) has the meaning given by section 9 of the 2016 Act;

> - “service charge” (“*tâl gwasanaeth*”) does not include a charge for a service where the payment for the charge would be permitted by virtue of another paragraph of this Schedule, and in relation to sub-paragraph (3) only, includes charges for the provision of support services;

> - “support services” (“*gwasnaethau cymorth*”) has the meaning given by section 143 of the 2016 Act (see, in particular, subsection (4) of that section).

> - “*2016 Act*” (“**Deddf 2016**”) means the Renting Homes (Wales) Act 2016 (anaw 1);

> - “*community landlord*” (“**landlord cymunedol**”) has the meaning given by section 9 of the 2016 Act;

> - “*service charge*” (“**tâl gwasanaeth**”) does not include a charge for a service where the payment for the charge would be permitted by virtue of another paragraph of this Schedule, and in relation to sub-paragraph (3) only, includes charges for the provision of support services;

> - “*support services*” (“**gwasnaethau cymorth**”) has the meaning given by section 143 of the 2016 Act (see, in particular, subsection (4) of that section).

- (2) In section 4 of the 2019 Act, after subsection (2)(h) insert—

@@ -304,7 +304,7 @@

- (3) In regulation 3 of the transitional provision Regulations—

- (a) in the words before sub-paragraph (a), after “section 20,” insert “and sub-paragraphs (2) to (3B) of paragraph 10A of Schedule 1,”;

- (a) in the words before sub-paragraph (a), after “section 20,” insert “ and sub-paragraphs (2) to (3B) of paragraph 10A of Schedule 1, ”;

- (b) omit the “and”at the end of sub-paragraph (d);

@@ -342,13 +342,13 @@

- (7) In this section—

- “2019 Act” (“*Deddf 2019*”) means the [Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)](https://www.legislation.gov.uk/anaw/2019/2);

- “assured shorthold tenancy” (“*tenantiaeth fyrddaliadol sicr*”) has the same meaning as in the Housing Act 1988 (“the 1988 Act”);

- “section 21 notice” (“*hysbysiad adran 21*”) means a notice under subsection (1)(b) or (4)(a) of section 21 of the 1988 Act;

- “the transitional provision Regulations” (“*y Rheoliadau darpariaeth drosiannol*”) means the [Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151)](https://www.legislation.gov.uk/uksi/2019/1151).

- “*2019 Act*” (“**Deddf 2019**”) means the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2);

- “*assured shorthold tenancy*” (“**tenantiaeth fyrddaliadol sicr**”) has the same meaning as in the Housing Act 1988 (“*the 1988 Act*”);

- “*section 21 notice*” (“**hysbysiad adran 21**”) means a notice under subsection (1)(b) or (4)(a) of section 21 of the 1988 Act;

- “*the transitional provision Regulations*” (“**y Rheoliadau darpariaeth drosiannol**”) means the Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151).

#### Fee for further copy of written statement to be a permitted payment

@@ -372,7 +372,7 @@

In this Act—

- (a) “standard contract” means—

- (a) “*standard contract*” means—

- (i) a periodic standard contract under the 2016 Act;

@@ -380,13 +380,13 @@

as to which, see section 8 of the 2016 Act;

- (b) “the 2016 Act” means the [Renting Homes (Wales) Act 2016 (anaw 1)](https://www.legislation.gov.uk/anaw/2016/1).

- (b) “*the 2016 Act*” means the Renting Homes (Wales) Act 2016 (anaw 1).

#### Minor and consequential amendments

##### 18

Schedule 6 provides for amendments to the 2016 Act and to the [Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)](https://www.legislation.gov.uk/anaw/2019/2) which are minor or consequential.

Schedule 6 provides for amendments to the 2016 Act and to the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) which are minor or consequential.

#### Coming into force

@@ -440,15 +440,15 @@

- (1) In section 20 (incorporation and modification of fundamental provisions)—

- (a) in subsection (1), in paragraph (b), omit “in the contract-holder’s opinion,”;

- (b) in subsection (2), in paragraph (b), omit “in the contract-holder’s opinion,”.

- (2) In section 108 (limitation on variation: secure contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder’s opinion”.

- (3) In section 127 (limitation on variation: periodic standard contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder’s opinion”.

- (4) In section 135 (limitation on variation: fixed term standard contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder’s opinion”.

- (a) in subsection (1), in paragraph (b), omit “in the contract-holder's opinion,”;

- (b) in subsection (2), in paragraph (b), omit “in the contract-holder's opinion,”.

- (2) In section 108 (limitation on variation: secure contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.

- (3) In section 127 (limitation on variation: periodic standard contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.

- (4) In section 135 (limitation on variation: fixed term standard contracts), in subsection (3), in paragraph (a)(ii) omit “in the contract-holder's opinion”.

#### Editorial changes to written statement

@@ -468,7 +468,7 @@

- (c) section 137 (fixed term standard contracts: failure to provide written statement etc.),

for the words from “references” to the end substitute “, in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “starting with the day on which the contract was varied””.

for the words from “references” to the end substitute “, in subsection (3) of both of those sections, for the words from “starting” to the end there were substituted “ starting with the day on which the contract was varied ””.

#### Secure tenancies that are housing association tenancies to be capable of becoming occupation contracts

@@ -522,21 +522,21 @@

##### 10

In Schedule 3 (occupation contracts made with or adopted by community landlords which may be standard contracts), in paragraph 10(1), for “for the purpose of enabling” substitute “for the sole purpose of enabling”.

#### Minor amendments to the Welsh text

##### 11

- (1) In section 61 (failure to comply with conditions imposed by head landlord), in the Welsh language text, in subsection (5) for “wedi ei wneud yn” substitute “wedi ei wneud mewn modd nad yw’n”.

- (2) In section 163 (contract-holder’s notice), in the Welsh language text, in subsection (2) for “meddiannaeth” substitute “diogel”.

- (3) In section 165 (recovery of possession), in the Welsh language text, in subsection (3) for “meddiannaeth” substitute “diogel”.

- (4) In section 236 (form of notices, statements and other documents), in the Welsh language text, in subsection (5) for “wedi ei ddilysu” substitute “ardystiedig”.

- (5) In Schedule 11 (suitable alternative accommodation), in the Welsh language text, in paragraph 3, in sub-paragraph (2)(a), for “diogelwch meddiant iddo” substitute“sicrwydd iddo o ran meddiannaeth”.

- (2) In section 163 (contract-holder's notice), in the Welsh language text, in subsection (2) for “meddiannaeth” substitute “ diogel ”.

- (3) In section 165 (recovery of possession), in the Welsh language text, in subsection (3) for “meddiannaeth” substitute “ diogel ”.

- (4) In section 236 (form of notices, statements and other documents), in the Welsh language text, in subsection (5) for “wedi ei ddilysu” substitute “ ardystiedig ”.

## SCHEDULE 6

@@ -555,7 +555,7 @@

- (b) after paragraph (p), insert

> , and

> (q) Part 1 of Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord’s break clause).

> (q) Part 1 of Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause).

##### 3

@@ -565,30 +565,30 @@

In section 34 (failure to provide written statement), after subsection (5) insert—

> (6) Paragraphs 1 and 2 of Schedule 9A make provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord’s break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord’s break clause) requiring a contract-holder to give up possession if the landlord has not provided a written statement of the contract under section 31(1) or (2).

> (6) Paragraphs 1 and 2 of Schedule 9A make provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a written statement of the contract under section 31(1) or (2).

##### 5

In section 37 (incorrect statement: contract-holder’s application to court), in subsection (2), in paragraph (b) for “, 124(2) to (4) or 126(1) to (4)” substitute “or 124(2) to (4)”.

In section 37 (incorrect statement: contract-holder's application to court), in subsection (2), in paragraph (b) for “, 124(2) to (4) or 126(1) to (4)” substitute “ or 124(2) to (4) ”.

##### 6

In section 39 (provision by landlord of information about landlord), for subsection (4) substitute—

> (4) Paragraph 3 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord’s break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord’s break clause) requiring a contract-holder to give up possession if the landlord has not provided a notice required under this section.

> (4) Paragraph 3 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) requiring a contract-holder to give up possession if the landlord has not provided a notice required under this section.

> (5) Subsections (1) to (3) of this section are fundamental provisions which are incorporated as a term of all occupation contracts.

##### 7

In section 46 (deposit schemes: further provision), in subsection (2) for the words from “Sections 177 and 198 make” to “giving a notice” substitute “Paragraph 4 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord’s break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord’s break clause)”.

In section 46 (deposit schemes: further provision), in subsection (2) for the words from “Sections 177 and 198 make” to “giving a notice” substitute “ Paragraph 4 of Schedule 9A makes provision relating to periodic standard contracts, and fixed term standard contracts which incorporate section 186 or which have a landlord's break clause, preventing a landlord from giving a notice (under section 173 or 186 or under a landlord's break clause) ”.

##### 8

In section 65 (extended possession order against sub-holder), in subsection (3), in paragraph (a) for the words from “copy” to “that section” substitute “notice in accordance with section 64(2)”.

##### 9

In section 122 (variation), in subsection (1), in paragraph (a) for “126” substitute “125”.

In section 122 (variation), in subsection (1), in paragraph (a) for “126” substitute “ 125 ”.

##### 10

@@ -601,13 +601,13 @@

- (c) after paragraph (j) insert

> , and

> (k) Part 1 of Schedule 9A (restrictions on giving landlord’s notice under sections 173: breach of statutory obligations)

> (k) Part 1 of Schedule 9A (restrictions on giving landlord's notice under sections 173: breach of statutory obligations)

##### 11

In section 128 (written statement of variation), in subsection (1) for “, 124(2) to (4) or 126(1) to (4)” substitute “or 124(2) to (4)”.

In section 128 (written statement of variation), in subsection (1) for “, 124(2) to (4) or 126(1) to (4)” substitute “ or 124(2) to (4) ”.

##### 12

@@ -619,7 +619,7 @@

- (ii) for paragraph (k) substitute—

> (k) Part 1 of Schedule 9A (restrictions on giving notice under section 186 and under a landlord’s break clause: breach of statutory obligations).

> (k) Part 1 of Schedule 9A (restrictions on giving notice under section 186 and under a landlord's break clause: breach of statutory obligations).

;

@@ -627,20 +627,20 @@

##### 13

In section 147 (overview of Part 9), in table 1, in the right hand column of the entry for Chapter 1, for “section 161” substitute “section 160”.

In section 147 (overview of Part 9), in table 1, in the right hand column of the entry for Chapter 1, for “section 161” substitute “ section 160 ”.

##### 14

In section 150 (possession notices), in subsection (1)—

- (a) after “contract-holder” insert “under any of the following sections”;

- (a) after “contract-holder” insert “ under any of the following sections ”;

- (b) at the end insert

> —

> (a) section 159 (in relation to a breach of contract by a contract-holder);

> (b) section 161 (in relation to estate management grounds);

> (c) section 166, 171 or 192 (in relation to a contract-holder’s notice);

> (c) section 166, 171 or 192 (in relation to a contract-holder's notice);

> (d) section 182 or 188 (in relation to serious rent arrears under a standard contract).

##### 15

@@ -649,7 +649,7 @@

##### 16

In section 181 (serious rent arrears), in subsection (1), for “in serious rent arrears” substitute “seriously in arrears with his or her rent”.

In section 181 (serious rent arrears), in subsection (1), for “in serious rent arrears” substitute “ seriously in arrears with his or her rent ”.

##### 17

@@ -662,7 +662,7 @@

- (ii) after paragraph (b) insert

> or

> (c) a notice under a landlord’s break clause,

> (c) a notice under a landlord's break clause,

;

@@ -674,39 +674,39 @@

##### 18

In section 196 (restrictions on use of landlord’s break clause in first four months of occupation), in subsection (4) omit the words from “and section 20” to the end.

In section 196 (restrictions on use of landlord's break clause in first four months of occupation), in subsection (4) omit the words from “and section 20” to the end.

##### 19

In section 204 (possession claims), in subsection (1), in paragraph (a)—

- (a) for “following sections” substitute “following provisions”;

- (a) for “following sections” substitute “ following provisions ”;

- (b) omit sub-paragraph (i);

- (c) in sub-paragraph (vi), for “during first four months” substitute “until after the first six months”;

- (d) in sub-paragraph (vii), for “176 , 177” substitute “177, 177A”;

- (e) in sub-paragraph (xii), for “during first four months” substitute “until after the first 18 months”;

- (c) in sub-paragraph (vi), for “during first four months” substitute “ until after the first six months ”;

- (d) in sub-paragraph (vii), for “176 , 177” substitute “ 177, 177A ”;

- (e) in sub-paragraph (xii), for “during first four months” substitute “ until after the first 18 months ”;

- (f) in sub-paragraph (xiii), omit “197,”;

- (g) after sub-paragraph (xiv) (and before the “or” that follows it) insert—

> (xv) Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord’s break clause: breach of statutory obligations),

> (xv) Schedule 9A (restrictions on giving notice under sections 173 and 186 and under a landlord's break clause: breach of statutory obligations),

##### 20

In section 253 (index of terms), in table 2, in the right hand column of the entry for “possession notice”, for “section 150” substitute “sections 159, 161, 166, 171, 182, 188 and 192 (and see also section 150)”.

In section 253 (index of terms), in table 2, in the right hand column of the entry for “possession notice”, for “section 150” substitute “ sections 159, 161, 166, 171, 182, 188 and 192 (and see also section 150) ”.

##### 21

In section 256 (regulations)—

- (a) in subsection (2) for “an enactment other than a provision of this Act” substitute “any enactment (including a provision of this Act)”;

- (a) in subsection (2) for “an enactment other than a provision of this Act” substitute “ any enactment (including a provision of this Act) ”;

- (b) in subsection (4)—

@@ -739,7 +739,7 @@

- (a) in the entry for sections 122 to 128, in the third column (notes)—

- (i) for “122(1)(a)” substitute “122(1)(b)”, and

- (i) for “122(1)(a)” substitute “ 122(1)(b) ”, and

- (ii) omit the words from “Sections 125(1)(b) and 126 are not incorporated” to the end;

@@ -747,21 +747,21 @@

- (i) for the text in the first column (fundamental provision) substitute ”Sections 173 to 175 and 177 to 180, and Part 1 of Schedule 9A”;

- (ii) for the text in the third column (notes) substitute “If section 173 is not incorporated, sections 174 to 177A and Schedule 9A do not apply; but if a contract incorporates section 173, Part 1 of Schedule 9A must be incorporated without modification. Section 174A applies instead of section 174 to a contract that is within Schedule 8A, and section 175 does not apply to a contract that is within Schedule 9 (even if section 173 is incorporated).”

- (ii) for the text in the third column (notes) substitute “ If section 173 is not incorporated, sections 174 to 177A and Schedule 9A do not apply; but if a contract incorporates section 173, Part 1 of Schedule 9A must be incorporated without modification. Section 174A applies instead of section 174 to a contract that is within Schedule 8A, and section 175 does not apply to a contract that is within Schedule 9 (even if section 173 is incorporated). ”

- (3) In Part 3 (fixed term standard contracts), in table 5—

- (a) in the entry for section 186, for the text in the third column (notes) substitute “Only applies if contract is within Schedule 9B. If contract incorporates section 186, Part 1 of Schedule 9A must be incorporated without modification.”;

- (a) in the entry for section 186, for the text in the third column (notes) substitute “ Only applies if contract is within Schedule 9B. If contract incorporates section 186, Part 1 of Schedule 9A must be incorporated without modification. ”;

- (b) in the entry for sections 195 to 201—

- (i) for the text in the first column (fundamental provision) substitute ”Sections 195, 195A and 196, and 198 to 201, and Part 1 of Schedule 9A”;

- (ii) for the text in the third column (notes) substitute “Only apply if contract has a landlord’s break clause; but if a contract has a landlord’s break clause, Part 1 of Schedule 9A must be incorporated without modification. Section 195A applies instead of section 195 to a contract that is within Schedule 8A, and section 196 does not apply to a contract that is within Schedule 9.”

- (ii) for the text in the third column (notes) substitute “ Only apply if contract has a landlord's break clause; but if a contract has a landlord's break clause, Part 1 of Schedule 9A must be incorporated without modification. Section 195A applies instead of section 195 to a contract that is within Schedule 8A, and section 196 does not apply to a contract that is within Schedule 9. ”

##### 23

In Schedule 3 (occupation contracts made with or adopted by community landlords which may be standard contracts), in paragraph 4, and in the cross-heading which precedes it, after “seekers” insert “, etc.”.

##### 24

@@ -771,7 +771,7 @@

- (1) Schedule 7 (prohibited conduct standard contracts) is amended as follows.

- (2) In paragraph 2, in sub-paragraph (8) for “during first four months” substitute “until after the first six months”.

- (2) In paragraph 2, in sub-paragraph (8) for “during first four months” substitute “ until after the first six months ”.

- (3) In paragraph 4, in sub-paragraph (7) omit the words from “; the power under section 256(2)” to the end.

@@ -779,15 +779,15 @@

- (1) Schedule 9 (standard contracts to which limits in sections 175, 186(2) and 196 do not apply) is amended as follows.

- (2) In paragraph 3 for “standard contract which relates to supported accommodation” substitute “supported standard contract”.

- (3) In paragraph 4, and in the cross-heading which precedes it, after “seekers” insert “, etc.”.

- (2) In paragraph 3 for “standard contract which relates to supported accommodation” substitute “ supported standard contract ”.

- (3) In paragraph 4, and in the cross-heading which precedes it, after “seekers” insert “ , etc. ”.

- (4) In the heading—

- (a) omit “, 186(2)”;

- (b) for “(LANDLORD’S NOTICE DURING FIRST SIX MONTHS OF OCCUPATION)” substitute “(WHEN LANDLORD’S NOTICE MAY BE GIVEN)”.

- (b) for “(LANDLORD'S NOTICE DURING FIRST SIX MONTHS OF OCCUPATION)” substitute “(WHEN LANDLORD'S NOTICE MAY BE GIVEN)”.

- (5) In the words of introduction omit “, 186”.

@@ -802,7 +802,7 @@

- (3) After paragraph 12 (provision of information) insert—

> (12A)

> (1) 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 as if—

> (1) 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 as if—

> (a) paragraph 1 were omitted, and

> (b) for paragraph 2 there were substituted—

> (2) If—

@@ -813,8 +813,8 @@

- (4) In paragraph 23 (introductory standard contracts), in sub-paragraph (3) after “as if” insert

> —

> (a) in section 174 (landlord’s notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,

> (b) in section 175 (landlord’s notice: notice may not be given until after first six months of occupation), the references in subsections (1) and (2) (and the heading) to “six months” were references to “four months”, and

> (a) in section 174 (landlord's notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”,

> (b) in section 175 (landlord's notice: notice may not be given until after first six months of occupation), the references in subsections (1) and (2) (and the heading) to “six months” were references to “four months”, and

> (c)

@@ -824,8 +824,8 @@

> (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) in section 174 (landlord’s notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”, and

> (a) in section 174 (landlord's notice: minimum notice period), the reference in subsection (1) to “six months” were a reference to “two months”, and

- (6) After paragraph 25A (inserted by sub-paragraph (5)) insert—

@@ -845,7 +845,7 @@

> (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—

> (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.

@@ -859,20 +859,20 @@

- (7) After paragraph 25C (inserted by sub-paragraph (6)) insert—

> (25D)

> (1) This paragraph applies to a fixed term standard contract which, immediately before the appointed day, was a tenancy or licence for a fixed term containing a landlord’s break clause.

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

> (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

> (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.

#### Renting Homes (Fees etc.) (Wales) Act 2019

##### 28

- (1) The [Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)](https://www.legislation.gov.uk/anaw/2019/2) is amended as follows

- (1) The Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2) is amended as follows

- (2) In section 6 (application of sections 2 to 5 of that Act to pre-existing requirements and contracts), omit paragraph (b).

2021-04-07

Renting Homes (Amendment) (Wales) Act 2021

original version Text at this date