The Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022

Valid from 01/12/2022

Interpretation E+W

2.  In these Regulations—

“the Act” (“y Ddeddf”) means the Renting Homes (Wales) Act 2016;

“billing authority” (“awdurdod bilio”) has the meaning given by section 1(2) of the Local Government Finance Act 1992(1);

“category of dwellings” (“categori o anheddau”) has the meaning given by section 30(1) and (2) of the Local Government Finance Act 1992(2);

“dwelling” (“annedd”) has the meaning given by the Act (see section 246(3));

“hereditament” (“hereditament”) has the meaning given by section 3 of the Local Government Finance Act 1992;

“landlord” (“landlord”) has the meaning given by the Act (see section 244(2));

“relevant contract-holder” (“deiliad contract perthnasol”) means a contract-holder (which has the meaning given by the Act (see section 7(5)) under a relevant converted contract;

“relevant converted contract” (“contract wedi ei drosi perthnasol”) has the meaning given by the Act (see paragraph 15(3)(4) of Schedule 12 to the Act);

“relevant improvement” (“gwelliant perthnasol”) means an improvement—

(a)

carried out in relation to the relevant converted contract at any time after the contract-holder became entitled to occupy the dwelling to which the notice under section 104 or 123 of the Act applies, or

(b)

which satisfies the following conditions—

(i)

the improvement was carried out not more than twenty-one years before the date of service of the notice under section 104 or 123 of the Act,

(ii)

at all times during the period beginning when the improvement was carried out and ending on the date of service of the notice under section 104 or 123 of the Act, the dwelling has been let under a relevant converted contract or a relevant preceding tenancy or licence, and

(iii)

on the coming to an end of a relevant converted contract or a relevant preceding tenancy or licence, during that period, the relevant tenant or licensee or relevant contract-holder (or, in case of joint relevant tenants or licensees or joint relevant contract-holders, at least one of them) did not quit;

“relevant preceding tenancy or licence” (“tenantiaeth neu drwydded flaenorol berthnasol”) means a tenancy or licence which existed before the appointed day and which on or after the appointed day became a relevant converted contract;

“relevant tenant or licensee” (“tenant neu drwyddedai perthnasol”) means a tenant or licensee under a relevant preceding tenancy or licence;

“rent” (“rhent”) does not include—

(a)

any service charge within the meaning of section 18 of the Landlord and Tenant Act 1985(5), or

(b)

any payments prohibited under section 4 of the Renting Homes (Fees etc.) (Wales) Act 2019(6),

but, subject to that, includes any sums payable by the relevant contract-holder to the landlord on account of the use of furniture, in respect of council tax or for any of the matters referred to in section 18(1)(a) of the Landlord and Tenant Act 1985(7), whether or not those sums are separate from the sums payable for the occupation of the dwelling concerned or are payable under separate agreements; and

“rent assessment committee” (“pwyllgor asesu rhenti”) means a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977(8).

(1)

1992 c. 14. Section 1(2) was amended by section 35(5) of the Local Government (Wales) Act 1994 (c. 19).

(2)

Section 30 was amended by paragraph 8 of Schedule 7 to the Localism Act 2011 (c. 20).

(3)

Section 246(1) was amended by section 14 of and paragraphs 1 and 7 of Schedule 5 to the Renting Homes (Amendment) (Wales) Act 2021.

(4)

Paragraph 15(3) of Schedule 12 to the Act was amended by regulation 12(b) of the Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022 (S.I. 2022/795 (W. 173)).

(5)

1985 c. 70. Section 18 was amended by section 41 of and paragraph 1 of Schedule 2 to the Landlord and Tenant Act 1987 (c. 31) and by section 150 of and paragraph 7 of Schedule 9 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

(6)

2019 anaw 2. Section 4 was amended by sections 15(2) and 16(1) and (3) of the Renting Homes (Amendment) (Wales) Act 2021.

(7)

1985 c. 70. Section 18(1)(a) was amended by section 41 of and paragraph 1 of Schedule 2 to the Landlord and Tenant Act 1987 (c. 31) and section 150 of and paragraph 7 of Schedule 9 to the Commonhold and Leasehold Reform Act 2002 (c. 15).

(8)

1977 c. 42. Schedule 10 was amended by sections 71(2), 148 and 152 of and paragraph 56 of Schedule 25 and Schedule 26 to the Housing Act 1980 (c. 51), section 26 of and paragraph 56 of Schedule 6 to the Judicial Pensions and Retirement Act 1993 (c. 8), sections 222 and 227 of and paragraph 22 of Schedule 18 and paragraph 1 of Part 13 of Schedule 19 to the Housing Act 1996 (c. 52) and section 62(2) of the Wales Act 2017 (c. 4). Amendments were also made by the Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), which abolished rent assessment committees in England, and article 5(2)(c) of the Local Government Finance (Repeals, Savings and Consequential Amendments) Order 1990 (S.I. 1990/776).