- Y Diweddaraf sydd Ar Gael (Diwygiedig) - Saesneg
- Y Diweddaraf sydd Ar Gael (Diwygiedig) - Cymraeg
- Gwreiddiol (Fel y'i Deddfwyd) - Saesneg
- Gwreiddiol (Fel y'i Deddfwyd) - Cymraeg
This version of this chapter contains provisions that are prospective.
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Renting Homes (Wales) Act 2016, CHAPTER 3 is up to date with all changes known to be in force on or before 16 August 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Modifications etc. (not altering text)
C1Pt. 6 Ch. 3: power to amend conferred (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2), s. 30(2), Sch. 1 para. 11 (with s. 29); S.I. 2019/1150, art. 2(c)
(1)A periodic standard contract may not be varied except—
(a)in accordance with sections 123 to [F1125], or
(b)by or as a result of an enactment.
(2)A variation of a periodic standard contract (other than by or as a result of an enactment) must be in accordance with section 127.
(3)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts; section 20 provides that subsections (1)(b) and (2) of this section—
(a)must be incorporated, and
(b)must not be incorporated with modifications.
Textual Amendments
F1Word in s. 122(1)(a) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 9
Commencement Information
I1S. 122 in force at 1.12.2022 by S.I. 2022/906, art. 2
(1)The landlord may vary the rent payable under a periodic standard contract by giving the contract-holder a notice setting out a new rent to take effect on the date specified in the notice.
(2)The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months.
(3)Subject to that—
(a)the first notice may specify any date, and
(b)subsequent notices must specify a date which is not less than one year after the last date on which a new rent took effect.
(4)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts under which rent is payable[F2, except a periodic standard contract which is a housing association tenancy].
Textual Amendments
F2Words in s. 123(4) 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(3) (as amended by S.I. 2022/906, arts. 1(2), 14)
Commencement Information
I2S. 123 in force at 1.12.2022 by S.I. 2022/906, art. 2
(1)Where consideration other than rent is payable under a periodic standard contract, the amount of consideration may be varied—
(a)by agreement between the landlord and the contract-holder, or
(b)by the landlord in accordance with subsections (2) to (4).
(2)The landlord may give the contract-holder a notice setting out a new amount of consideration to take effect on the date specified in the notice.
(3)The period between the day on which the notice is given to the contract-holder and the specified date may not be less than two months.
(4)Subject to that—
(a)the first notice may specify any date, and
(b)subsequent notices must specify a date which is not less than one year after the last date on which a new amount of consideration took effect.
(5)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts under which consideration other than rent is payable.
Commencement Information
I3S. 124 in force at 1.12.2022 by S.I. 2022/906, art. 2
(1)The fundamental terms, supplementary terms and additional terms of a periodic standard contract may be varied (subject to section [F3127) by agreement between the landlord and the contract-holder.]
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)This section is a fundamental provision which is incorporated as a term of all periodic standard contractsF6....
Textual Amendments
F3Words in s. 125(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(2)(a)(i), 19(3)
F4S. 125(1)(a) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(2)(a)(ii), 19(3)
F5S. 125(1)(b) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(2)(a)(ii), 19(3)
F6Words in s. 125(2) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(2)(b), 19(3)
Commencement Information
I4S. 125 in force at 1.12.2022 by S.I. 2022/906, art. 2
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 126 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 12(3), 19(3)
(1)A fundamental term of a periodic standard contract incorporating any of the fundamental provisions to which subsection (2) applies may not be varied (except by or as a result of an enactment).
(2)This subsection applies to the following fundamental provisions—
(a)section 122(1)(b) and (2) and this section,
(b)section 45 (requirement to use deposit scheme) F8...,
(c)section 52 (joint contract-holder ceasing to be a party to the occupation contract),
(d)section 55 (anti-social behaviour and other prohibited conduct),
(e)section 148 (permissible termination),
(f)section 149 (possession claims),
(g)section 155 (death of sole contract-holder),
(h)section 158 (securing contract by use of false statement),
F9(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)paragraph 7 of Schedule 4 (variation of secure contract addressed in written statement of introductory standard contract)[F10, and
(k)Part 1 of Schedule 9A (restrictions on giving landlord's notice under sections 173: breach of statutory obligations)].
(3)A variation of any other fundamental term (other than by or as a result of an enactment) is of no effect—
(a)unless as a result of the variation—
(i)the fundamental provision which the term incorporates would be incorporated without modification, or
(ii)the fundamental provision which the term incorporates would not be incorporated or would be incorporated with modification, but F11... the effect of this would be that the position of the contract-holder is improved;
(b)if the variation (regardless of whether it is within paragraph (a)) would render the fundamental term incompatible with a fundamental term which incorporates a fundamental provision to which subsection (2) applies.
(4)A variation of a term of a periodic standard contract is of no effect if it would render a term of the contract incompatible with a fundamental term (unless that fundamental term is also varied in accordance with this section in a way that would avoid the incompatibility).
(5)Subsection (4) does not apply to a variation made by or as a result of an enactment.
(6)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts; section 20 provides that this section—
(a)must be incorporated, and
(b)must not be incorporated with modifications.
Textual Amendments
F8Words in s. 127(2)(b) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 10(a)
F9S. 127(2)(i) and word omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 10(b)
F10S. 127(2)(k) and word inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 10(c)
F11Words in s. 127(3)(a)(ii) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 5 para. 2(3)
Commencement Information
I5S. 127 in force at 1.12.2022 by S.I. 2022/906, art. 2
(1)If a periodic standard contract is varied in accordance with the contract or by or as a result of an enactment the landlord must, before the end of the relevant period, give the contract-holder—
(a)a written statement of the term or terms varied, or
(b)a written statement of the contract as varied,
unless the landlord has given notice of the variation in accordance with section 123 [F12or 124(2) to (4)].
(2)The relevant period is the period of 14 days starting with the day on which the contract is varied.
(3)The landlord may not charge a fee for providing a written statement under subsection (1).
(4)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.
Textual Amendments
F12Words in s. 128(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 11
Commencement Information
I6S. 128 in force at 1.12.2022 by S.I. 2022/906, art. 2
(1)If the landlord under a periodic standard contract fails to comply with a requirement under section 128 the landlord is liable to pay the contract-holder compensation under section 87.
(2)The compensation is payable in respect of the relevant date and every day after the relevant date until—
(a)the day on which the landlord gives the contract-holder a written statement of the term or terms varied, or of the contract as varied, or
(b)if earlier, the last day of the period of two months starting with the relevant date.
(3)Interest on the compensation is payable if the landlord fails to give the contract-holder a written statement on or before the day referred to in subsection (2)(b).
(4)The interest starts to run on the day referred to in subsection (2)(b) at the rate prevailing under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (c. 20) at the end of that day.
(5)The relevant date is the day on which the contract was varied.
(6)Subsections (1) to (5) do not apply if the landlord's failure to comply with the requirement is attributable to an act or omission of the contract-holder.
(7)If under section 128 the landlord gives the contract-holder a written statement of the contract as varied, sections 36 and 37 (incomplete and incorrect statements) apply to the statement as if [F13, 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 ”].
Textual Amendments
F13Words in s. 129(7) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 5 para. 4(b)
Commencement Information
I7S. 129 in force at 1.12.2022 by S.I. 2022/906, art. 2
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