The Renting Homes (Prescribed Forms) (Wales) Regulations 2022

Welsh Statutory Instruments

2022 No. 244 (W. 72)

Housing, Wales

The Renting Homes (Prescribed Forms) (Wales) Regulations 2022

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).

Title and commencement

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.

Interpretation

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.

Prescribed form

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.

Notice of standard contract

4.  The prescribed form of a notice under section 13 of the Act is as set out in Form RHW1 in the Schedule.

Notice of landlord’s address

5.  The prescribed form of a notice under section 39(1) of the Act is as set out in Form RHW2 in the Schedule.

Notice of change in landlord’s identity and notice of new landlord’s address

6.  The prescribed form of a notice under section 39(2) of the Act is as set out in Form RHW3 in the Schedule.

Notice of change in landlord’s address

7.  The prescribed form of a notice under section 39(3) of the Act is as set out in Form RHW4 in the Schedule.

Notice of conditions imposed by head landlord when consenting to a sub-occupation contract

8.  The prescribed form of a notice under section 61(2) of the Act is as set out in Form RHW5 in the Schedule.

Notice of head landlord’s decision to treat sub-occupation contract as a periodic standard contract

9.  The prescribed form of a notice under section 61(7) of the Act is as set out in Form RHW6 in the Schedule.

Notice to sub-holder of a possession claim against the contract-holder

10.  The prescribed form of a notice under section 64(2) of the Act is as set out in Form RHW7 in the Schedule.

Notice of extended possession claim against the sub-holder

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.

Notice of potential exclusion of contract-holder after abandoning the head contract and the sub-occupation contract

12.  The prescribed form of a notice under section 66(3) of the Act is as set out in Form RHW9 in the Schedule.

Form of transfer: transfer of an occupation contract by a contract-holder

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.

Form of transfer: transfer of rights and obligations under an occupation contract by a joint contract-holder

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.

Notice of variation of rent

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.

Notice of transfer of rights and obligations under a fixed term standard contract by a joint contract-holder

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.

Notice of transfer of rights and obligations under a fixed term standard contract on the death of a joint contract-holder

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.

Notice of temporary exclusion: supported standard contract

18.  The prescribed form of a notice under section 145(4) of the Act is as set out in Form RHW15 in the Schedule.

Landlord’s notice of termination: periodic standard contract with six-month minimum notice period (other than introductory standard contract or prohibited conduct standard contract)

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.

Landlord’s notice of termination: periodic standard contract with two-month minimum notice period (other than introductory standard contract or 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.

Landlord’s notice of termination: introductory standard contract or 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.

Notice of withdrawal of landlord’s notice of termination: periodic standard contract

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.

Notice of possession claim on the ground of serious rent arrears: standard contract (other than introductory standard contract or prohibited conduct standard contract)

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.

Notice of possession claim on the ground of serious rent arrears: introductory standard contract or prohibited conduct standard contract

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.

Landlord’s notice of termination: fixed term standard contract within Schedule 9B to the Act

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.

Notice before making a possession claim

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.

Notice of termination under landlord’s break clause: fixed term standard contract with six-month minimum notice period

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.

Notice of termination under landlord’s break clause: fixed term standard contract with two-month minimum notice period

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.

Notice of withdrawal of notice of termination under landlord’s break clause: fixed term standard contract

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.

Notice of landlord’s intention to end occupation contract due to abandonment

30.  The prescribed form of a notice under section 220(3) of the Act is as set out in RHW27 in the Schedule.

Notice of end of occupation contract due to abandonment

31.  The prescribed form of a notice under section 220(5) of the Act is as set out in Form RHW28 in the Schedule.

Notice of landlord’s intention to end rights and obligations of a joint contract-holder due to non-occupation

32.  The prescribed form of a notice under section 225(3) of the Act is as set out in Form RHW29 in the Schedule.

Notice of end of rights and obligations of a joint contract-holder due to non-occupation

33.  The prescribed form of a notice under section 225(6) of the Act is as set out in RHW30 in the Schedule.

Notice of joint contract-holder’s intention to apply for an order ending rights and obligations of another joint contract-holder due to non-occupation

34.  The prescribed form of a notice under section 227(3) of the Act is as set out in Form RHW31 in the Schedule.

Notice of landlord’s intention to apply for an order ending a joint contract-holder’s rights and obligations due to prohibited conduct

35.  The prescribed form of a notice under section 230(2) of the Act is as set out in Form RHW32 in the Schedule.

Notice to other joint contract-holders of landlord’s intention to apply for an order ending a joint contract-holder’s rights and obligations due to prohibited conduct

36.  The prescribed form of a notice under section 230(3) of the Act is as set out in Form RHW33 in the Schedule.

Notice of extension of introductory period

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.

Notice of intention to apply for an order imposing a prohibited conduct standard contract

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.

Notice of end of probation period: prohibited conduct standard contract

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.

Notice of extension of probation period: prohibited conduct standard contract

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.

Landlord’s notice of termination: fixed term standard contract (converted contract)

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

SCHEDULE Prescribed Forms

Regulation 4

FORM RHW1

Regulation 5

FORM RHW2

Regulation 6

FORM RHW3

Regulation 7

FORM RHW4

Regulation 8

FORM RHW5

Regulation 9

FORM RHW6

Regulation 10

FORM RHW7

Regulation 11

FORM RHW8

Regulation 12

FORM RHW9

Regulation 13

FORM RHW10

Regulation 14

FORM RHW11

Regulation 15

FORM RHW12

Regulation 16

FORM RHW13

Regulation 17

FORM RHW14

Regulation 18

FORM RHW15

Regulation 19

FORM RHW16

Regulation 20

FORM RHW17

Regulation 21

FORM RHW18

Regulation 22

FORM RHW19

Regulation 23

FORM RHW20

Regulation 24

FORM RHW21

Regulation 25

FORM RHW22

Regulation 26

FORM RHW23

Regulation 27

FORM RHW24

Regulation 28

FORM RHW25

Regulation 29

FORM RHW26

Regulation 30

FORM RHW27

Regulation 31

FORM RHW28

Regulation 32

FORM RHW29

Regulation 33

FORM RHW30

Regulation 34

FORM RHW31

Regulation 35

FORM RHW32

Regulation 36

FORM RHW33

Regulation 37

FORM RHW34

Regulation 38

FORM RHW35

Regulation 39

FORM RHW36

Regulation 40

FORM RHW37

Regulation 41

FORM RHW38

EXPLANATORY NOTE

(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.

(1)

2016 anaw 1. See section 252 for the definition of “prescribed”.

(2)

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.

(3)

Section 174(1) was amended by section 1(2)(a) of the Renting Homes (Amendment) (Wales) 2021 Act (asc 3) (“the 2021 Act”).

(4)

Section 174A was inserted by section 1(3) of the 2021 Act.

(5)

Paragraph 25A of Schedule 12 was inserted by section 18 of, and paragraph 27(5) of Schedule 6 to, the 2021 Act.

(6)

Section 180(3) was amended by section 8(2) of the 2021 Act.

(7)

Section 186(1) was amended by section 10(1)(a) of the 2021 Act.

(8)

Section 194(1) was amended by section 11(1) of the 2021 Act.

(9)

Section 195 was amended by section 2(2) of the 2021 Act.

(10)

Section 195A was inserted by section 2(3) of the 2021 Act.

(11)

Paragraph 25D of Schedule 12 was inserted by section 18 of, and paragraph 27(7) of Schedule 6 to, the 2021 Act.

(12)

Section 201(3) was amended by section 8(3) of the 2021 Act.

(13)

Paragraph 25B of Schedule 12 was inserted by section 18 of, and paragraph 27(6) of Schedule 6 to, the 2021 Act.