Version Superseded: 01/12/2022
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There are currently no known outstanding effects for the The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019, Section 3.
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3. Parts 1 to 5 and 7 of the Act (including section 20, [F1and sub-paragraphs (2) to (3B) of paragraph 10A of Schedule 1,] when read as provided for in this regulation) are to be treated as having effect in relation to assured shorthold tenancies, and for this purpose—
(a)references in the Act to a standard occupation contract are to be read as references to an assured shorthold tenancy,
(b)references in the Act to a contract-holder are to be read as references to a tenant under an assured shorthold tenancy,
(c)references in the Act to a landlord are to be read as having the same meaning as do references to a landlord in the Housing Act 1988,
(d)section 20 of the Act is to be read as follows—
20.—(1) A landlord of a dwelling subject to a standard occupation contract may not give a notice under subsection (1)(b) or (4)(a) of section 21 of the Housing Act 1988 in relation to the dwelling at a time when—
(a)the landlord has required a prohibited payment to be made,
(b)as a result of the requirement, a prohibited payment has been made to the landlord or to any other person, and
(c)the prohibited payment has not been repaid.
(2) A landlord of a dwelling subject to a standard occupation contract may not give a notice under subsection (1)(b) or (4)(a) of section 21 of the Housing Act 1988 in relation to the dwelling at a time when—
(a)a holding deposit paid in relation to the standard occupation contract has not been repaid, and
(b)the circumstances are such that the failure to repay the deposit amounts to a breach of the requirements of Schedule 2.
(3) In determining for the purposes of this section whether a prohibited payment or a holding deposit has been repaid, the payment or deposit is to be treated as having been repaid to the extent (if any) that it has been applied towards either or both of the following—
(a)a payment of rent under the tenancy;
(b)a payment required as security in respect of the tenancy.”F2...
[F3(da)paragraph 10A of Schedule 1 to the Act is to be read as if—
(i)for sub-paragraph (2) there were substituted—
“(2) But sub-paragraph (1) does not apply in relation to—
(a)a standard occupation contract where the allocation rules (within the meaning of paragraph 15 of Schedule 3 to the 2016 Act) did not apply to the making of the contract, or
(b)a standard occupation contract mentioned in sub-paragraph (3).”;
(ii)for sub-paragraph (3) there were substituted—
“(3) A payment of a service charge is a permitted payment if it is required under a standard occupation contract which relates to supported accommodation.”;
(iii)after sub-paragraph (3) there were inserted—
“(3A) For the purposes of sub-paragraph (3) accommodation is “supported accommodation” if—
(a)it is provided by a community landlord or registered charity (within the meaning of the 2016 Act),
(b)the landlord or charity (or a person acting on behalf of the landlord or charity) provides support services to a person entitled to occupy the accommodation, and
(c)there is a connection between provision of the accommodation and provision of the support services.
(3B) But accommodation in a care institution (within the meaning of paragraph 4 of Schedule 2 to the 2016 Act) is not supported accommodation.”, and]
(e)Schedule 3 to the Act is to be treated as being omitted.
Textual Amendments
F1Words in reg. 3 inserted (with effect in accordance with s. 15(4) of the amending Act) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 15(3)(a), 19(1) (with s. 15(5)-(7))
F2Word in reg. 3(d) omitted (with effect in accordance with s. 15(4) of the amending Act) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 15(3)(b), 19(1) (with s. 15(5)-(7))
F3Reg. 3(da) inserted (with effect in accordance with s. 15(4) of the amending Act) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 15(3)(c), 19(1) (with s. 15(5)-(7))
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