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- Latest available (Revised) - Welsh
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- Original (As made) - Welsh
This is the original version (as it was originally made).
Welsh Statutory Instruments
Housing, Wales
Made
8 March 2022
Laid before Senedd Cymru
10 March 2022
Coming into force in accordance with regulation 1
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 236(3) and 256(1) of the Renting Homes (Wales) Act 2016(1).
1. The title of these Regulations is the Renting Homes (Prescribed Forms) (Wales) Regulations 2022 and they come into force on the day on which section 239 of the Act(2) comes into force.
2. In these Regulations—
“the Act” (“y Ddeddf”) means the Renting Homes (Wales) Act 2016;
“introductory standard contract” (“contract safonol rhagarweiniol”) has the meaning given by section 16(4) of the Act;
“prohibited conduct standard contract” (“contract safonol ymddygiad gwaharddedig”) has the meaning given by section 116(6) of the Act;
“standard contract” (“contract safonol”) has the meaning given by section 8 of the Act.
3.—(1) The prescribed form of a notice or other document required or authorised to be given or made by or because of this Act is as set out in the following regulations and Schedule.
(2) A notice or other document in a form substantially to the same effect as the prescribed form is valid.
4. The prescribed form of a notice under section 13 of the Act is as set out in Form RHW1 in the Schedule.
5. The prescribed form of a notice under section 39(1) of the Act is as set out in Form RHW2 in the Schedule.
6. The prescribed form of a notice under section 39(2) of the Act is as set out in Form RHW3 in the Schedule.
7. The prescribed form of a notice under section 39(3) of the Act is as set out in Form RHW4 in the Schedule.
8. The prescribed form of a notice under section 61(2) of the Act is as set out in Form RHW5 in the Schedule.
9. The prescribed form of a notice under section 61(7) of the Act is as set out in Form RHW6 in the Schedule.
10. The prescribed form of a notice under section 64(2) of the Act is as set out in Form RHW7 in the Schedule.
11. The prescribed form of a notice under section 65(3)(b) of the Act is as set out in Form RHW8 in the Schedule.
12. The prescribed form of a notice under section 66(3) of the Act is as set out in Form RHW9 in the Schedule.
13. The prescribed form of a transfer under section 69(1)(a) of the Act is as set out in Form RHW10 in the Schedule.
14. The prescribed form of a transfer under section 69(1)(b) of the Act is as set out in Form RHW11 in the Schedule.
15. The prescribed form of a notice under section 104(1) or 123(1) of the Act is as set out in Form RHW12 in the Schedule.
16. The prescribed form of a notice under a contract term of the type mentioned in section 141(2) of the Act is as set out in Form RHW13 in the Schedule.
17. The prescribed form of a notice under a contract term of the type mentioned in section 142(2) of the Act is as set out in Form RHW14 in the Schedule.
18. The prescribed form of a notice under section 145(4) of the Act is as set out in Form RHW15 in the Schedule.
19. The prescribed form of a notice under section 173(1) of the Act is as set out in Form RHW16 in the Schedule, where—
(a)the date specified in the notice may not be less than six months after the day on which the notice is given to the contract-holder as a result of section 174(1) of the Act(3), and
(b)the notice relates to a periodic standard contract other than an introductory standard contract or a prohibited conduct standard contract.
20. The prescribed form of a notice under section 173(1) of the Act is as set out in Form RHW17 in the Schedule, where—
(a)the date specified in the notice may not be less than two months after the day on which the notice is given to the contract-holder as a result of—
(i)section 174A(1) of the Act(4), or
(ii)the application of paragraph 25A(2)(5) of Schedule 12 to section 174(1) of the Act, and
(b)the notice relates to a periodic standard contract other than an introductory standard contract or a prohibited conduct standard contract.
21. The prescribed form of a notice under section 173(1) of the Act, in respect of an introductory standard contract or a prohibited conduct standard contract, is as set out in Form RHW18 in the Schedule.
22. The prescribed form of a notice under section 180(3) of the Act(6) is as set out in Form RHW19 in the Schedule.
23. The prescribed form of a notice under—
(a)section 182(1) of the Act, in respect of a standard contract other than an introductory standard contract or a prohibited conduct standard contract, or
(b)section 188(1) of the Act,
is as set out in Form RHW20 in the Schedule.
24. The prescribed form of a notice under section 182(1) of the Act, in respect of an introductory standard contract or a prohibited conduct standard contract, is as set out in Form RHW21 in the Schedule.
25. The prescribed form of a notice under section 186(1) of the Act(7) is as set out in Form RHW22 in the Schedule.
26. The prescribed form of a notice under section 159(1), 161(1), 166(1), 171(1) or 192(1) of the Act is as set out in Form RHW23 in the Schedule.
27. The prescribed form of a notice—
(a)under a contract term of the type mentioned in section 194(1)(8) of the Act (landlord’s break clause), and
(b)where the date specified in the notice may not be less than six months after the day on which the notice is given to the contract-holder as a result of section 195(1) of the Act(9),
is as set out in Form RHW24 in the Schedule.
28. The prescribed form of a notice—
(a)under a contract term of the type mentioned in section 194(1) of the Act (landlord’s break clause), and
(b)where the date specified in the notice may not be less than two months after the day on which the notice is given to the contract-holder as a result of—
(i)section 195A(1) of the Act(10), or
(ii)the application of paragraph 25D(2) of Schedule 12 to sections 194 and 195 of the Act(11),
is as set out in Form RHW25 in the Schedule.
29. The prescribed form of a notice under section 201(3) of the Act(12) is as set out in Form RHW26 in the Schedule.
30. The prescribed form of a notice under section 220(3) of the Act is as set out in RHW27 in the Schedule.
31. The prescribed form of a notice under section 220(5) of the Act is as set out in Form RHW28 in the Schedule.
32. The prescribed form of a notice under section 225(3) of the Act is as set out in Form RHW29 in the Schedule.
33. The prescribed form of a notice under section 225(6) of the Act is as set out in RHW30 in the Schedule.
34. The prescribed form of a notice under section 227(3) of the Act is as set out in Form RHW31 in the Schedule.
35. The prescribed form of a notice under section 230(2) of the Act is as set out in Form RHW32 in the Schedule.
36. The prescribed form of a notice under section 230(3) of the Act is as set out in Form RHW33 in the Schedule.
37. The prescribed form of a notice under paragraph 3 of Schedule 4 to the Act is as set out in Form RHW34 in the Schedule.
38. The prescribed form of a notice under paragraph 1(1) of Schedule 7 to the Act is as set out in Form RHW35 in the Schedule.
39. The prescribed form of a notice under paragraph 3(2) of Schedule 7 to the Act is as set out in Form RHW36 in the Schedule.
40. The prescribed form of a notice under paragraph 4(1) of Schedule 7 to the Act is as set out in Form RHW37 in the Schedule.
41. The prescribed form of a notice under paragraph 25B(2) of Schedule 12 to the Act(13) is as set out in Form RHW38 in the Schedule.
Julie James
Minister for Climate Change, one of the Welsh Ministers
8 March 2022
Regulation 3
Regulation 4
Regulation 5
Regulation 6
Regulation 7
Regulation 8
Regulation 9
Regulation 10
Regulation 11
Regulation 12
Regulation 13
Regulation 14
Regulation 15
Regulation 16
Regulation 17
Regulation 18
Regulation 19
Regulation 20
Regulation 21
Regulation 22
Regulation 23
Regulation 24
Regulation 25
Regulation 26
Regulation 27
Regulation 28
Regulation 29
Regulation 30
Regulation 31
Regulation 32
Regulation 33
Regulation 34
Regulation 35
Regulation 36
Regulation 37
Regulation 38
Regulation 39
Regulation 40
Regulation 41
(This note is not part of the Regulations)
These Regulations prescribe the form of certain notices and other documents required or authorised to be given or made by or because of the Renting Homes (Wales) Act 2016 (anaw 1).
Regulation 3(1) introduces the regulations and Schedule which set out the form of the notices and other documents prescribed by these Regulations. Regulation 3(2) provides that a notice or other document which is in a form substantially to the same effect is valid.
Regulations 4 to 41 prescribe the form of each specified notice or other document.
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.
2016 anaw 1. See section 252 for the definition of “prescribed”.
Section 239 of the Renting Homes (Wales) Act 2016 comes into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.
Section 174(1) was amended by section 1(2)(a) of the Renting Homes (Amendment) (Wales) 2021 Act (asc 3) (“the 2021 Act”).
Section 174A was inserted by section 1(3) of the 2021 Act.
Paragraph 25A of Schedule 12 was inserted by section 18 of, and paragraph 27(5) of Schedule 6 to, the 2021 Act.
Section 180(3) was amended by section 8(2) of the 2021 Act.
Section 186(1) was amended by section 10(1)(a) of the 2021 Act.
Section 194(1) was amended by section 11(1) of the 2021 Act.
Section 195 was amended by section 2(2) of the 2021 Act.
Section 195A was inserted by section 2(3) of the 2021 Act.
Paragraph 25D of Schedule 12 was inserted by section 18 of, and paragraph 27(7) of Schedule 6 to, the 2021 Act.
Section 201(3) was amended by section 8(3) of the 2021 Act.
Paragraph 25B of Schedule 12 was inserted by section 18 of, and paragraph 27(6) of Schedule 6 to, the 2021 Act.
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