Renting Homes (Wales) Act 2016

15 (1) Sections 104 and 123 (variation of rent) apply to a converted contract [F1 (other than a contract mentioned in paragraph 13B)] as if any variations in the rent payable under the contract before the appointed day were variations under whichever of those sections applies. E+W

[F2 (1A) Sections 104 and 123 (variation of rent) apply to a converted contract under which the landlord is a community landlord as if, for subsection (3)(a) in each of these sections, there were substituted—

“(a) the first notice given after the appointed day must specify a date which is not less than 51 weeks after the last date on which a new rent took effect, and”.]

(2) The Welsh Ministers must by regulations make provision—

(a) enabling the contract-holder under a relevant converted contract, following receipt of a notice under section 104 or 123, to apply to a prescribed person or persons for a determination of the rent for the dwelling, and

(b) for the rent determined by the prescribed person or persons, in accordance with such assumptions as may be prescribed, to be the rent for the dwelling under the contract (unless the landlord and contract-holder otherwise agree).

[F3 (3) A converted contract is a relevant converted contract if—

(a) immediately before the appointed day it was a tenancy or licence to which section 13 of the Housing Act 1988 (c. 50) (increases of rent under assured periodic tenancies) applied,

(b) it is a periodic standard contract which is a substitute contract F4 ...—

(i) arising under section 184(2), or

(ii) within section 184(6),

and which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term, or

(c) it is a secure contract which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term.]

Textual Amendments

F1 Words in Sch. 12 para. 15(1) inserted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 12(a)

F2 Sch. 12 para. 15(1A) inserted (30.11.2022 at 11.00 p.m.) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2022 (S.I. 2022/1258), regs. 1(2), 4

F3 Sch. 12 para. 15(3) substituted (14.7.2022) by The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795), regs. 1(2), 12(b)

F4 Words in Sch. 12 para. 15(3)(b) omitted (1.6.2023) by virtue of The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 (S.I. 2023/556), regs. 1, 8

Modifications etc. (not altering text)

C1 Sch. 12 para. 15(1), (1A) applied (1.12.2022) by The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (S.I. 2022/1172), regs. 1(2), 10(6) (with reg. 19) (as substituted by S.I. 2022/1258, regs. 1(2), 6)

Commencement Information

I1 Sch. 12 para. 15(1)(3) in force at 1.12.2022 by S.I. 2022/906, art. 2

I2 Sch. 12 para. 15(2) in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(a), Sch. Pt. 1

I3 Sch. 12 para. 15(2) in force at 1.12.2022 in so far as not already in force by S.I. 2022/906, art. 2