Search Legislation

Renting Homes (Wales) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: PART 1

 Help about opening options

Alternative versions:

Changes to legislation:

Renting Homes (Wales) Act 2016, PART 1 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 9A Part 1:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1PART 1E+WTHE RESTRICTIONS

Failure to provide written statementE+W

1[F2(1)This paragraph is incorporated as a term of all standard contracts which—E+W

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

(b)incorporate section 31.]

[F3(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 31E+W

2[F4(1)This paragraph is incorporated as a term of all standard contracts which—E+W

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

(b)incorporate section 31.]

[F5(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.

Textual Amendments

Commencement Information

I2Sch. 9A para. 2 in force at 1.12.2022 by S.I. 2022/906, art. 2

Failure to provide informationE+W

3[F6(1)This paragraph is incorporated as a term of all standard contracts which—E+W

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

(b)incorporate section 39.]

[F7(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).

Textual Amendments

Commencement Information

I3Sch. 9A para. 3 in force at 1.12.2022 by S.I. 2022/906, art. 2

[F8Failure to provide valid energy performance certificateE+W

Textual Amendments

3A.(1)This paragraph is incorporated as a term of all standard contracts which—E+W

(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.]

Commencement Information

I4Sch. 9A para. 3A in force at 1.12.2022 by S.I. 2022/906, art. 2

Breach of security and deposit requirementsE+W

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.E+W

(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.

[F9(6)Sub-paragraph (1) is only incorporated as a term of a contract mentioned in paragraph 7(1) which incorporates section 43.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I5Sch. 9A para. 4 in force at 1.12.2022 by S.I. 2022/906, art. 2

Prohibited payments and holding deposits under the Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2)E+W

5(1)A landlord may not give a notice at a time when—E+W

(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.

Commencement Information

I6Sch. 9A para. 5 in force at 1.12.2022 by S.I. 2022/906, art. 2

[F10Failure to ensure that working smoke alarms and carbon monoxide alarms are installedE+W

Textual Amendments

F10Sch. 9A paras. 5A-5C and cross-heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 (S.I. 2022/143), regs. 1, 4 (as amended by S.I. 2022/906, arts. 1(2), 8)

5A.(1)This paragraph is incorporated as a term of all standard contracts—E+W

(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.]

Commencement Information

I7Sch. 9A para. 5A in force at 1.12.2022 by S.I. 2022/906, art. 2

[F10Failure to supply electrical condition report etc.E+W

5B.(1)This paragraph is incorporated as a term of all standard contracts—E+W

(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.]

Commencement Information

I8Sch. 9A para. 5B in force at 1.12.2022 by S.I. 2022/906, art. 2

[F10Failure to provide gas safety report to contract-holderE+W

5C.(1)This paragraph is incorporated as a term of all standard contracts—E+W

(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).]

Commencement Information

I9Sch. 9A para. 5C in force at 1.12.2022 by S.I. 2022/906, art. 2

Meaning of “notice”E+W

6E+WIn 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.]

Commencement Information

I10Sch. 9A para. 6 in force at 1.12.2022 by S.I. 2022/906, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Welsh Parliament.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources