The Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022

Welsh Statutory Instruments

2022 No. 28 (W. 13)

Housing, Wales

The Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022

Made

7 January 2022

Laid before Senedd Cymru

12 January 2022

Coming into force in accordance with regulation 1

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 29(1) and 256(1) of the Renting Homes (Wales) Act 2016(1).

Title and commencement

1.  The title of these Regulations is the Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022 and they come into force on the day on which section 239 of the Renting Homes (Wales) Act 2016 comes into force(2).

Interpretation

2.—(1) In these Regulations, “ the Act” means the Renting Homes (Wales) Act 2016.

(2) The words and expressions used in these Regulations have the same meaning as they have in the Act.

Prescribed model written statements of contracts

3.—(1) The model written statement of contract that applies to a—

(a) secure occupation contract, is set out in Schedule 1;

(b) relevant periodic standard occupation contract, is set out in Schedule 2;

(c) relevant fixed term standard contract, is set out in Schedule 3.

(2) For the purposes of this regulation—

(a) a “relevant periodic standard occupation contract” means a periodic standard occupation contract, which is not a—

(i) supported standard contract;

(ii) introductory standard contract;

(iii) prohibited conduct standard contract;

(iv) periodic standard contract that has arisen at the end of a fixed term contract in accordance with section 184(2) (end of fixed term) of the Act;

(v) periodic standard contract that is within Schedule 8A(3) (standard contracts which can be terminated on two months’ notice under section 173 or a landlord’s break clause) or Schedule 9(4) (standard contracts to which limits in sections 175 and 196 (when landlord’s notice may be given) do not apply) to the Act;

(b) a “relevant fixed term standard contract” means a fixed term standard contract made for a term of less than seven years, which—

(i) does not incorporate any provisions relating to a landlord’s break clause under section 194(5) (landlord’s break clause) of the Act,

(ii) does not incorporate any provisions relating to a contract-holder’s break clause under section 189 (contract-holder’s break clause) of the Act, and

(iii) is not within Schedule 9B(6) (fixed term standard contracts which can be terminated by giving notice under section 186 (landlord’s notice in connection with end of term)) to the Act.

Julie James

Minister for Climate Change, one of the Welsh Ministers

7 January 2022

Regulation 3

SCHEDULE 1

Regulation 3

SCHEDULE 2

Regulation 3

SCHEDULE 3

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Renting Homes (Wales) Act 2016 (anaw 1) (“the Act”) establishes two types of occupation contract, the secure contract and the standard contract. A standard contract can be either periodic or fixed term.

The Act also establishes a number of different types of standard contract which can be used in particular circumstances, these include introductory standard contracts, prohibited conduct standard contracts and supported standard contracts.

Section 29(1) of the Act (model written statement of contract) requires the Welsh Ministers to prescribe model written statements of contracts for such kinds or descriptions of occupation contract as they think fit.

A model written statement of contract is a written statement which incorporates without modification all the fundamental and supplementary provisions applicable to that contract (see section 29(2) of the Act).

Regulation 3 of, and the Schedules to, these Regulations prescribe model written statements of contracts for secure contracts, periodic standard contracts and fixed term standard contracts.

Regulation 3(1)(a) and Schedule 1 prescribe the model written statement of contract that applies to secure occupation contracts.

Regulation 3(1)(b) and Schedule 2 prescribe the model written statement of contract that applies to periodic standard occupation contracts which are not—

(a) supported standard contracts,

(b) introductory standard contracts,

(c) prohibited conduct standard contracts,

(d) periodic standard contracts that have arisen at the end of a fixed term contract in accordance with section 184(2) (end of fixed term) of the Act, or

(e) periodic standard contracts within Schedule 8A (standard contracts which can be terminated on two months’ notice under section 173 (landlord’s notice) or a landlord’s break clause) or Schedule 9 (standard contracts to which the limits in sections 175 and 196 of the Act (when landlord’s notice may be given) do not apply) to the Act.

Regulation 3(1)(c) and Schedule 3 prescribe the model written statement of contract that applies to fixed term standard contracts made for a term of less than seven years (see section 90 (fixed term standard contracts: determining the length of the term) of the Act), which—

(a) do not incorporate a landlord’s break clause under section 194 (landlord’s break clause) of the Act,

(b) do not incorporate a contract-holder’s break clause under section 189 (contract-holder’s break clause) of the Act, and

(c) are not within Schedule 9B (fixed term standard contracts which can be terminated by giving notice under section 186 (landlord’s notice in connection with end of term)) to the Act.

A landlord is required to provide the contract-holder with a written statement of contract (see section 31(1) (written statement) of the Act) but is not required to use a model written statement of contract. However, the written statement of contract that is used must comply with the provisions of the Act (see sections 31 to 33).

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 Housing Policy Division, Welsh Government, Cathays Park Cardiff, CF10 3NQ.

(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)

Schedule 8A to the Act was inserted by section 3 of, and Schedule 1 to, the Renting Homes (Amendment) (Wales) Act 2021 (asc 3) .

(4)

Schedule 9 to the Act was amended by sections 14 and 18 of, and paragraphs 1 and 9 of Schedule 5 and paragraphs 1 and 26 of Schedule 6 to, the Renting Homes (Amendment) (Wales) Act 2021.

(5)

Section 194 was amended by section 11(1) of the Renting Homes (Amendment) (Wales) Act 2021.

(6)

Schedule 9B was inserted by section 10 of, and Schedule 3 to, the Renting Homes (Amendment) (Wales) Act 2021.