
1 

(1) The title of these Regulations is the Renting Homes (Wales) Act 2016 (Amendment of Schedule 12) Regulations 2022.
(2) These Regulations come into force on the day after the day on which they are made.
2 
Schedule 12 to the Renting Homes (Wales) Act 2016 is amended as follows.
3 
In paragraph 1(1), in the appropriate place insert—“
 “assured agricultural occupancy” (“meddiannaeth amaethyddol sicr”) has the same meaning as in Part 1 of the Housing Act 1988 (c. 50) (see section 24(1) of that Act);
 “assured tenancy” (“tenantiaeth sicr”) includes a reference to an assured agricultural occupancy which is treated as an assured tenancy under section 24(3) of the Housing Act 1988 (as well as an assured agricultural occupancy which is an assured tenancy)
 “converted AAO” (“MAS wedi ei throsi”) means a converted contract which immediately before the appointed day was an assured agricultural occupancy;”
4 
In paragraph 2—
(a) after sub-paragraph (2) insert—“
(2A) Schedule 2 applies to a tenancy or licence which immediately before the appointed day was a secure tenancy or an assured tenancy as if paragraph 7(3)(k)(i) of that Schedule were omitted.”
(b) at the end insert—“
(5) Part 5 of Schedule 2 (special rules applying to supported accommodation) does not apply to—
(a) a tenancy which existed immediately before the appointed day;
(b) a licence which—
(i) immediately before the appointed day was a secure tenancy;
(ii) has a start date (within the meaning given in paragraph 13(5) of Schedule 2) falling more than 6 months before the appointed day.
(6) In their application to a tenancy or licence which immediately before the appointed day was an assured agricultural occupancy—
(a) section 7 (tenancies and licences that are occupation contracts) applies as if subsection (1)(b) (rent or other consideration must be payable) were omitted, and
(b) Schedule 2 applies as if paragraph 1(2) were omitted.”
5 
After paragraph 2 insert—“
2A. 

(1) Section 7(6) and paragraph 7(2) of Schedule 2 do not apply to a licence where immediately before the appointed day—
(a) the licensee was aged 16 or 17, and
(b) the licence was—
(i) a secure tenancy, or
(ii) an assured agricultural occupancy.
(2) Where sub-paragraph (1) applies, this Act applies to the contract-holder as if he or she were aged 18.”
6 
In paragraph 4—
(a) in sub-paragraph (1)—
(i) after “converted contract” insert “to which section 11 applies (whether or not under paragraph 3)”;
(ii) for “notice under” substitute “notice as described in”.
(b) in sub-paragraph (2) for “does so” substitute “gives notice under section 13”.
7 
For paragraph 5 substitute—“
5. 
A converted contract which immediately before the appointed day was—
(a) an introductory tenancy, or
(b) an assured shorthold tenancy—
(i) under which the landlord was a registered social landlord or a private registered provider of social housing, but not a fully mutual housing association or a co-operative housing association, and
(ii) which was expressed as being, or otherwise amounted to, a starter tenancy,has effect as an introductory standard contract (see paragraph 23).”
8 
After paragraph 6 insert—“
6A. 
A converted contract relating to supported accommodation has effect as a supported standard contract only if immediately before the appointed day the contract was—
(a) an assured shorthold tenancy (see paragraph 24A for further provision about supported standard contracts that were assured shorthold tenancies), or
(b) a licence, other than a licence which was a secure tenancy.”
9 
In paragraph 12A, omit the “(1)” which precedes the text of that paragraph.
10 
After paragraph 13 insert—“
13A. 

(1) The provisions mentioned in sub-paragraph (2) do not apply to a converted contract unless, immediately before the appointed day, it was an assured shorthold tenancy.
(2) The provisions (which concern a requirement to use a deposit scheme) are—
(a) sections 45 and 46;
(b) Schedule 5;
(c) paragraphs 4(2) to (5) of Schedule 9A.”
11 
After the heading “Variation” and before paragraph 14 insert—“
13B. 
Section 123 (variation of rent) does not apply to a converted contract that is a periodic standard contract which immediately before the appointed day—
(a) was an assured tenancy but not an assured shorthold tenancy, and
(b) contained a term which made provision about variation of the rent under the tenancy or licence.”
12 
In paragraph 15—
(a) in sub-paragraph (1) after “converted contract” insert “(other than a contract mentioned in paragraph 13B)”;
(b) for sub-paragraph (3) substitute—“
(3) A converted contract is a relevant converted contract if—
(a) immediately before the appointed day it was a tenancy or licence to which section 13 of the Housing Act 1988 (c. 50) (increases of rent under assured periodic tenancies) applied,
(b) it is a periodic standard contract which is a substitute contract (see paragraph 32)—
(i) arising under section 184(2), or
(ii) within section 184(6),
and which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term, or
(c) it is a secure contract which immediately before the appointed day was an assured tenancy, but not an assured shorthold tenancy, for a fixed term.”
13 
In paragraph 23—
(a) for sub-paragraph (3)(c) substitute—“
(c) the reference in paragraph 1(7) of Schedule 4 to the introduction date of the contract were a reference to—
(i) in relation to a converted contract which, immediately before the appointed day, was an introductory tenancy, to the day which was the beginning of the trial period under section 125(2)(a) or (b) of the Housing Act 1996 (c. 52);
(ii) in relation to a converted contract which, immediately before the appointed day, was a starter tenancy, to the introduction date of the tenancy as determined in accordance with sub-paragraph (5).”
(b) for sub-paragraph (6) substitute—“
(6) For the purposes of paragraph 2 of Schedule 4 the introduction date—
(a) in relation to a converted contract which, immediately before the appointed day, was an introductory tenancy, is the day which was the beginning of the trial period under section 125(2)(a) or (b) of the Housing Act 1996;
(b) in relation to a converted contract which, immediately before the appointed day, was a starter tenancy, is the introduction date of the tenancy as determined in accordance with sub-paragraph (5).”
(c) for sub-paragraph (7) substitute—“
(7) Paragraph 2(5) and (6) of Schedule 4 does not apply, but—
(a) a notice of extension given, in relation to a converted contract which was an introductory tenancy, under section 125A of the Housing Act 1996, and
(b) a notice, given in relation to a converted contract which was a starter tenancy, extending the period at the end of which the landlord and the tenant would enter into an assured tenancy (that is not an assured shorthold tenancy),
has effect as if given under paragraph 3 of Schedule 4 (and, regardless of the length of extension under a notice as described in paragraph (b), the introductory period ends 18 months after the introduction date of the starter tenancy (as determined in accordance with sub-paragraph 5)).”
14 
After paragraph 24 insert—“
24A. 
This Act applies to a converted contract which—
(a) immediately before the appointed day was an assured shorthold tenancy, and
(b) took effect on conversion as a supported standard contract,as if sections 144 (mobility) and 145 (temporary exclusion) were omitted.”
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.””
16 
In paragraph 25B, after sub-paragraph (1) insert—“
(1A) The reference to a tenancy or licence for a fixed term in sub-paragraph (1)(a) does not include a reference to an assured tenancy that was not an assured shorthold tenancy.”
17 
In paragraph 25D(1) after “applies to a fixed term standard contract” insert “(other than a tenancy or licence mentioned in paragraph 26(2) or (3))”.
18 
In paragraph 29(1) for “an assured tenancy” substitute “a periodic assured tenancy”.
19 
In paragraph 32—
(a) in sub-paragraph (3)—
(i) in paragraph (a) for “who immediately before the occupation date of the contract” substitute “who, immediately before the day on which the contract-holder became entitled to occupy the dwelling under that contract,”;
(ii) in paragraph (b) for “date” substitute “day”;
(b) omit sub-paragraph (4);
(c) after sub-paragraph (7), insert—“
(8) This Schedule applies to a substitute contract which—
(a) arises under section 184(2) as if paragraph 25A(2)(a) were omitted;
(b) is within section 184(6) as if paragraphs 25A(2)(a), 25B, 25C and 25D were omitted.”
Julie James
Minister for Climate Change, one of the Welsh Ministers
