The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022

Amendments to Schedule 12

15.  In paragraph 25A—

(a) in sub-paragraph (2)(b)—

(i) for “the references in subsections (1) and (2)” substitute “the reference in subsection (1)”;

(ii) for “were references” substitute “was a reference”;

(b) after sub-paragraph (2)(b) insert—

“, and

(c) in section 175, for subsections (2) and (3) there were substituted—

“(2) If the converted contract is a substitute tenancy or licence, the landlord may not give notice under section 173 before the end of the period of four months starting with the day on which the contract-holder became entitled to occupy the dwelling under the original tenancy or licence.

(3) For the purposes of subsection (2)—

(a) a converted contract was a substitute tenancy or licence if—

(i) the occupation date of the converted contract falls immediately after the end of a preceding tenancy or licence,

(ii) immediately before the occupation date of the converted contract a tenant or licensee under the contract was a tenant or licensee under the preceding tenancy or licence, and a landlord under the converted contract was a landlord under the preceding tenancy or licence, and

(iii) the converted contract relates to the same (or substantially the same) dwelling as the preceding tenancy or licence, and

(b) “original tenancy or licence” means—

(i) where the substitute tenancy or licence has an occupation date falling immediately after the end of a tenancy or licence which is not a substitute tenancy or licence, the tenancy or licence which preceded the substitute tenancy or licence;

(ii) where there have been successive substitute tenancies or licences, the tenancy or licence which preceded the first of the substitute tenancies or licences.””