The Assured Tenancies (Amendment of Rental Threshold) (Wales) Order 2011

Welsh Statutory Instruments

2011 No. 1409 (W.169)

HOUSING, WALES

The Assured Tenancies (Amendment of Rental Threshold) (Wales) Order 2011

Made

2 June 2011

Laid before the National Assembly for Wales

6 June 2011

Coming into force

1 December 2011

The Welsh Ministers make the following Order in exercise of the powers conferred upon the Secretary of State by section 1(2A) of the Housing Act 1988(1) and now exercisable by them in relation to Wales(2):

Title, commencement and application

1.—(1) The title of this Order is the Assured Tenancies (Amendment of Rental Threshold) (Wales) Order 2011 and it comes into force on 1 December 2011.

(2) This Order applies in relation to Wales.

Increase in rental threshold

2.—(1) Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended in accordance with paragraph (2).

(2) In paragraph 2(1)(b) of Schedule 1(3) for “£25,000” substitute “£100,000”.

Huw Lewis

Minister for Housing, Regeneration and Heritage, one of the Welsh Ministers.

2 June 2011

Explanatory Note

(This note is not part of the Order)

This Order, which applies in relation to Wales, amends the amount of annual rent above which a tenancy cannot be an assured tenancy under paragraph 2 of Schedule 1 to the Housing Act 1988. The amount is increased from £25,000 to £100,000 with effect from 1 December 2011.

A Regulatory Impact Assessment has been prepared in relation to this Order. A copy can be obtained from the Housing Directorate, Welsh Government, Merthyr Tydfil Office, Rhydycar, Merthyr Tydfil, CF48 1UZ.

(1)

1988 c. 50. Section 1(2A) was inserted by regulation 2 and paragraph 27 of the Schedule to the References to Rating (Housing) Regulations 1990 (S.I. 1990/434).

(2)

The functions of the Secretary of State under section 1(2A), so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry for the Housing Act 1988 in Schedule 1 to that Order. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32) those functions are now exercisable by the Welsh Ministers.

(3)

Paragraph 2(1)(b) was substituted by S.I. 1990/434 and amended by S.I. 1993/651.