2021 No. 952 (W. 217)

Landlord And Tenant, Wales

The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 3) Regulations 2021

Made

Laid before Senedd Cymru

Coming into force

The Welsh Ministers make the following Regulations in exercise of the power conferred on them by section 82(12) of the Coronavirus Act 20201.

Title and commencement1

1

The title of these Regulations is the Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 3) Regulations 2021.

2

These Regulations come into force on 30 September 2021.

Extension of relevant period providing protection from forfeiture etc.2

For the purposes of section 82 (business tenancies in England and Wales: protection from forfeiture etc.) of the Coronavirus Act 2020, the “relevant period”, as defined in subsection (12) of that section ends, in relation to Wales, with 25 March 2022.

Revocation3

The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 2) Regulations 20212 are revoked.

Vaughan GethingMinister for Economy, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 82 of the Coronavirus Act 2020 (“the Act”) ensures that re-entry or forfeiture for non-payment of rent may not be enforced in relation to relevant business tenancies during the “relevant period”. Section 82(12) of the Act defines the “relevant period” as beginning with 26 March 2020, and ending with 30 June 2020, or such later date as may be specified in regulations made by the relevant national authority.

The Welsh Ministers are the relevant national authority in relation to Wales.

The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) Regulations 2020 (S.I. 2020/606 (W. 140)) extended the “relevant period” until 30 September 2020.

The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 2) Regulations 2020 (S.I. 2020/960 (W. 214)) further extended the “relevant period” until 31 December 2020.

The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 3) Regulations 2020 (S.I. 2020/1456 (W. 314)) further extended the “relevant period” until 31 March 2021.

The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) Regulations 2021 (S.I. 2021/253 (W. 66)) further extended the “relevant period” until 30 June 2021.

The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 2) Regulations 2021 (S.I. 2021/759 (W. 186)) further extended the “relevant period” until 30 September 2021.

As a result of these Regulations, the moratorium provided by section 82 of the Act is further extended until 25 March 2022.

Regulation 2 of these Regulations extends the “relevant period” until 25 March 2022.

Regulation 3 of these Regulations revokes the Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No. 2) Regulations 2021.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.gov.wales.