SCHEDULE 1 E+W Amendments consequential upon the commencement of the Renting Homes (Wales) Act 2016

Long Residential Tenancies (Principal Forms) Regulations 1997 E+W

19.  The Long Residential Tenancies (Principal Forms) Regulations 1997(1) are amended as follows—

(a) in regulation 2 (interpretation)—

(i) the existing provision becomes paragraph (1);

(ii) after that paragraph, insert—

“(2) In these Regulations, “periodic standard contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 8 of that Act).”;

(b) in regulation 3 (forms)—

(i) in paragraph (a), after “assured monthly periodic tenancy”, insert “or a periodic standard contract”;

(ii) in paragraph (d), after “assured F1 ... periodic tenancy”, insert “or a periodic standard contract”;

(iii) in paragraph (e)(2), after “assured F2 ... periodic tenancy”, insert “or a periodic standard contract”;

(c) in the Schedule (prescribed forms)—

(i) in Form 1(3) ((long residential tenancies) landlord’s notice terminating long residential tenancy and proposing assured tenancy)—

(aa) in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb) in the first bullet point, for “an assured periodic tenancy”, substitute “[an assured periodic tenancy in England]/[a periodic standard contract in Wales]”;

(cc) in paragraph 10, for “an assured monthly periodic tenancy”, substitute “[an assured monthly periodic tenancy in England]/[a periodic standard contract in Wales]”;

(dd) in paragraph 11, for “assured tenancy”, substitute “[assured tenancy in England]/[periodic standard contract in Wales]”;

(ee) in Note 13, after “assured tenancy”, insert “in England/periodic standard contract in Wales”

(ff) in Note 14, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(gg) in Note 14, after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(hh) in Note 15, after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii) in Form 3(4) ((long residential tenancies) landlord’s notice proposing an interim monthly rent after notice terminating long residential tenancy)—

(aa) in Note 2, in paragraph (b), after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(bb) in Note 2, in the words after paragraph (b), after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(cc) in Note 5, in the words before the first paragraph (a), after “monthly periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(dd) in Note 5, in the first paragraph (c), after “non-shorthold assured tenancy”, insert “in England,”;

(ee) in Note 5, in the first paragraph (c), at the end, insert “or a periodic standard contract that does not incorporate section 173(5) (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(iii) in Form 4(6) ((long residential tenancies) tenant’s notice proposing different terms or rent for an assured tenancy)—

(aa) in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb) in the first bullet point, for “assured monthly periodic tenancy”, substitute “[assured monthly periodic tenancy in England]/[periodic standard contract in Wales]”;

(cc) in paragraph 3, for “assured monthly periodic tenancy”, substitute “[assured monthly periodic tenancy in England]/[periodic standard contract in Wales]”;

(dd) in Note 1, after “assured tenancy”, insert “in England/periodic standard contract in Wales”;

(ee) in Note 2, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ff) in Note 4, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(gg) in Note 4, in paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(hh) in Note 5, after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii) in Note 6, after “assured periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(iv) in Form 5(7) ((long residential tenancies) landlord’s application referring tenant’s notice proposing different terms or rent for a proposed assured tenancy to a Tribunal)—

(aa) in the title of the form, after “Assured Tenancy”, insert “or Periodic Standard Contract”;

(bb) in paragraph 4(b), for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(cc) in paragraph 4(c), for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(dd) in paragraph 6, after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ee) in paragraph 7, for “assured periodic tenancy”, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”;

(ff) in Note 2, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(gg) in Note 2, in paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(hh) in Note 2, in the words after paragraph (c), after “assured periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(ii) in Note 3, in the words before paragraph (a), after “assured monthly periodic tenancy”, insert “in England/periodic standard contract in Wales”;

(jj) in Note 3, in the first paragraph (b), after “applying)”, insert “or a periodic standard contract that does not incorporate section 173 (landlord’s notice) of the Renting Homes (Wales) Act 2016 as a term of the contract”;

(kk) in Note 4, after “assured periodic tenancy”, insert “in England /periodic standard contract in Wales”;

(v) in Form 6 ((long residential tenancies) notice by rent assessment committee requiring further information), in paragraph 2, for “assured periodic tenancy”, in each place it occurs, substitute “[assured periodic tenancy in England]/[periodic standard contract in Wales]”.

Textual Amendments

F1 Word in Sch. 1 para. 19(b)(ii) omitted (30.11.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) (Amendment) Regulations 2022 (S.I. 2022/1077), regs. 1(2), 2(2)(b)

F2 Word in Sch. 1 para. 19(b)(iii) omitted (30.11.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) (Amendment) Regulations 2022 (S.I. 2022/1077), regs. 1(2), 2(2)(b)

Commencement Information

I1 Sch. 1 para. 19 in force at 1.12.2022, see reg. 1(2)

(1)

S.I. 1997/3008.

(2)

Regulation 3(e) was amended by article 6(2) of and paragraphs 20 and 21 of Part 1 of Schedule 2 to the Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036).

(3)

Form 1 was amended by regulation 2 of the Long Residential Tenancies (Principal Forms) (Amendment) (Wales) Regulations 2003 (S.I. 2003/233 (W. 33)) and article 6(2) of and paragraphs 20 and 22 of Part 1 of Schedule 2 to the Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036).

(4)

Form 3 was amended by article 6(2) of and paragraphs 20 and 23 of Part 1 of Schedule 2 to the Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036).

(5)

Section 173 was amended by section 12(1) and (4) of the Renting Homes (Amendment) (Wales) Act 2021 (asc 3).

(6)

Form 4 was amended by article 6(2) of and paragraphs 20 and 24 of Part 1 of Schedule 2 to the Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036).

(7)

Form 5 was amended by article 6(2) of and paragraphs 20 and 25 of Part 1 of Schedule 2 to the Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036).