The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022

Consequential amendments to section 93 of the Rent Act 1977 E+W

6.—(1) Section 93(1) of the Rent Act 1977 (increase in rent without notice to quit) is amended as follows.

(2) In subsection (1)—

(a) after “weekly or other periodical tenancy”, insert “but not an occupation contract”;

(b) for “in this section”, substitute “in this subsection and subsection (2)”.

(3) After subsection (2) insert—

“(2A) Where a housing association tenancy is a secure contract or a periodic standard contract, the rent payable to the housing association or, as the case may be, the housing trust or the Welsh Ministers (in this subsection called “the landlord”), may be increased with effect from the beginning of any rental period by a written notice of increase specifying the date on which the increase is to take effect, and given by the landlord to the contract-holder not later than four weeks before that date.

(2B) A notice of increase given under subsection (2A) does not take effect if, before the date specified in that notice, the contract-holder gives a notice to end the contract.

(2C) But the notice of increase does take effect if, before the date specified in that notice, the notice to end the contract ceases to have effect (see section 167(3) or 172(3) of the Renting Homes (Wales) Act 2016 (anaw 1)).”.

(4) After subsection (5) insert—

“(6) In this section, the following terms have the same meaning as in the Renting Homes (Wales) 2016 (anaw 1) (see sections 7 and 8 of that Act)—

(a) contract-holder;

(b) occupation contract;

(c) periodic standard contract;

(d) secure contract,

and “notice to end the contract” means a notice under section 163 or 168 of that Act.”.

Commencement Information

I1 Reg. 6 in force at 1.12.2022 , see reg. 1 (as amended by The Renting Homes (Wales) Act 2016 (Commencement No. 2 and Consequential Amendments) Order 2022 (S.I. 2022/906), art. 14)

(1)

Section 93 was amended by sections 77 and 140 of and paragraph 5 of Schedule 10 and Part 2 of Schedule 17 to the Housing Act 1988 (c. 50), sections 77 and 152 of and Schedule 10 and Schedule 26 to the Housing Act 1980 (c. 51), section 152 of and Part 6 of Schedule 18 to the Government of Wales Act 1988 (c. 38), article 5 of and paragraphs 9 and 12 of Schedule 2 to the Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866) and article 2 of and paragraph 1 of the Schedule to the Government of Wales Act 1998 (Housing) (Amendments) Order 1999 (S.I. 1999/61).