The Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022

Introductory tenancies E+W

4.—(1) Despite the amendments made by the 2022 Consequential Regulations, the following provisions of the 1996 Act continue to have effect, as they did immediately before the appointed day, in relation to the specified matters—

(a) section 127(2)(1) (proceedings for possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;

(b) section 128(1) and (5) (notice of proceedings for possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;

(c) section 129(1) (review of decision to seek possession), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day;

(d) section 129(2), (5) and (6), in relation to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day (whether the request for a review was made, or the review was conducted, before or after the appointed day);

(e) section 130(1) to (3)(2) (effect of beginning proceedings for possession), in relation to proceedings begun before the appointed day for the possession of a dwelling-house let under an introductory tenancy that ended prior to that day in accordance with that section.

(2) Section 206(1) of the 2016 Act (effect of order for possession) applies in relation to an order for possession made by the court under section 127 of the 1996 Act after the appointed day (by virtue of savings made in this regulation), as it applies in relation to an order for possession made under the 2016 Act.

(3) Despite the amendments made by the 2022 Consequential Regulations, section 127(1) and (1A) of the 1996 Act continues to have effect in relation to a possession order made by the court under that section before the appointed day.

(4) Despite the amendments made by the 2022 Secondary Consequential Regulations, the Introductory Tenants (Review) Regulations 1997(3) continue to have effect in relation to a review conducted under section 129 of the 1996 Act by virtue of savings made in this regulation (whether the review is conducted, in whole or in part, before or after the appointed day).

(5) A notice served on the tenant under section 128 of the 1996 Act before the appointed day ceases to have effect (and no new possession proceedings may be commenced in reliance of the notice)—

(a) at the end of the period of six months beginning with the appointed day, or

(b) at the end of the period of twelve months beginning with the day specified in the notice as the day after which proceedings may be begun in accordance with section 128(4) of the 1996 Act,

whichever is the earlier.

(6) Any savings in this regulation which relate to a notice served on the tenant in accordance with section 128 of the 1996 Act before the appointed day, have effect whether proceedings were commenced before or after that day.

Commencement Information

I1 Reg. 4 in force at 1.12.2022, see reg. 1(2)

(1)

Section 127 was amended by sections 299 and 321 of and paragraphs 10 and 11 of Part 1 of Schedule 11 and Schedule 16 to the Housing and Regeneration Act 2008 (c. 17).

(2)

Section 130 was amended by section 299 of and paragraphs 10 and 12 of Part 1 of Schedule 11 to the Housing and Regeneration Act 2008 (c. 17).

(3)

S.I. 1997/72.