The Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022

Yn ddilys o 01/12/2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

Sections 104 and 123 of the Renting Homes (Wales) Act 2016 (anaw 1) (“the Act”) allow the landlord under a secure contract and a periodic standard contract, respectively, to vary the rent payable under the contract by giving the contract-holder a notice setting out a new rent to take effect on the date specified in the notice.

These Regulations make provision, as required by paragraph 15(2) of Schedule 12 to the Act, to enable a contract-holder under a relevant converted contract (as defined by paragraph 15(3) of Schedule 12 to the Act) to apply to a prescribed person for a determination of the rent for the dwelling where they have received a notice under section 104 or 123 of the Act and for that determination to be the rent under the contract.

Regulation 3 provides for a contract-holder under a relevant converted contract, who has received a notice under either section 104 or 123 of the Act, to apply to a rent assessment committee, constituted in accordance with Schedule 10 to the Rent Act 1977, for a determination of the rent for the dwelling. Regulation 3 also prescribes the form of application to the rent assessment committee, which is set out in the Schedule to these Regulations. An application which is in a form substantially to the same effect is valid.

Regulation 4 provides that a rent assessment committee must determine all such applications in accordance with the assumptions set out in regulation 6.

Regulation 5 provides that the rent determined by a rent assessment committee will be the rent for the dwelling unless the landlord and contract-holder agree otherwise.

Regulation 6 sets out the assumptions that the rent assessment committee must apply whilst determining the rent for the dwelling.

Regulation 7 allows for a rent assessment committee’s involvement in an application to cease following notice in writing from both the landlord and the contract-holder confirming they no longer require a determination.

Regulation 8 makes consequential amendments to the Rent Assessment Committees (England and Wales) Regulations 1971 (S.I. 1971/1065), which specify the procedure to be followed by a rent assessment committee when considering an application made to it under these Regulations.

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 Department of Housing, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ.