
2022 No. 143 (W. 46)
Housing, Wales
The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022
Made 16 February 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 paragraph 8 of Schedule 9A to, and section 256(1) of, the Renting Homes (Wales) Act 2016.

In accordance with section 256(3) and (4)(ma) of that Act, a draft of these Regulations has been laid before, and approved by a resolution of, Senedd Cymru.
Title and commencement
1 
The title of these Regulations is the Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 and they come into force on  1 December 2022 (the day on which section 239 of the Act comes into force).
Interpretation
2 
In these Regulations, “the Act” means the Renting Homes (Wales) Act 2016.
Prohibition on giving notice seeking possession if energy performance certificate has not been provided
3 
In Schedule 9A to the Act (standard occupation contracts: restrictions on giving certain notices seeking possession), after paragraph 3 insert—“
Failure to provide valid energy performance certificate
3A. 

(1) This paragraph is incorporated as a term of all standard contracts which—
(a) are mentioned in paragraph 7(1), and
(b) relate to a dwelling in relation to which regulation 6(5) of the EPB Regulations (requirement to give tenant a valid energy performance certificate) applies.
(2) A landlord may not give notice at a time when the landlord has not complied with regulation 6(5) of the EPB Regulations.
(3) For the purposes of this paragraph, it does not matter when the valid energy performance certificate was given (and nothing in this paragraph requires that a new energy performance certificate be given to a contract-holder when a certificate given to that contract-holder in compliance with that regulation ceases to be valid under the EPB Regulations).
(4) In this paragraph—
 “the EPB Regulations” (“y Rheoliadau PYA”) means the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118);
 “valid energy performance certificate” (“tystysgrif perfformiad ynni ddilys”) is to be interpreted in accordance with the EPB Regulations.”
Prohibitions on giving notice seeking possession relating to health and safety
4 
In Schedule 9A to the Act, after paragraph 5 insert—“
Failure to ensure that working smoke alarms and carbon monoxide alarms are installed
5A. 

(1) This paragraph is incorporated as a term of all standard contracts—
(a) which are mentioned in paragraph 7(1), and
(b) in relation to which regulation 5 of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (S.I. 2022/6 (W. 4)) (“the Fitness for Human Habitation Regulations”) applies.
(2) A landlord may not give notice at a time when—
(a) the dwelling is treated as unfit for human habitation by virtue of regulation 5(3) of the Fitness for Human Habitation Regulations (failure to ensure that working smoke alarms and, in certain circumstances, carbon monoxide alarms are installed in a dwelling), and
(b) as a result, the landlord is required under Part 4 of this Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation.
Failure to supply electrical condition report etc.
5B. 

(1) This paragraph is incorporated as a term of all standard contracts—
(a) which are mentioned in paragraph 7(1), and
(b) in relation to which regulation 6 of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (S.I. 2022/6 (W. 4)) (“the Fitness for Human Habitation Regulations”) applies.
(2) A landlord may not give notice at a time when—
(a) the dwelling is treated as unfit for human habitation by virtue of regulation 6(6) of the Fitness for Human Habitation Regulations (failure to obtain an electrical condition report, or to give the contract holder such a report or written confirmation of certain other electrical work), and
(b) as a result, the landlord is required under Part 4 of this Act to take steps to stop the dwelling from being treated as unfit for human habitation by virtue of that regulation.
Failure to provide gas safety report to contract-holder
5C. 

(1) This paragraph is incorporated as a term of all standard contracts—
(a) which are mentioned in paragraph 7(1), and
(b) in relation to which regulation 36 of the Gas Safety Regulations applies.
(2) A landlord may not give notice at a time when the landlord has not complied with regulation 36(6) or (as the case may be) (7) of the Gas Safety Regulations (requirement to provide or display report on safety etc. of gas installations).
(3) For the purposes of sub-paragraph (2), a landlord who has not complied with regulation 36(6) or (7) of the Gas Safety Regulations is to be treated as in compliance with the provision in question at any time when—
(a) the landlord has ensured that the contract-holder has been given, or (as the case may be) there is displayed in a prominent position in the dwelling, a copy of a gas safety record, and
(b) that record is valid.
(4) For the purposes of sub-paragraph (3), a gas safety record is valid until the end of the period within which the appliance or flue to which the record relates is required, under the Gas Safety Regulations, to again be subjected to a check for safety.
(5) In this paragraph—
 “check for safety” (“gwiriad diogelwch”) means a check for safety carried out in accordance with regulation 36(3) of the Gas Safety Regulations;
 “gas safety record” (“cofnod diogelwch nwy”) means a record made pursuant to the requirements of regulation 36(3)(c) of the Gas Safety Regulations;
 “Gas Safety Regulations” (“Rheoliadau Diogelwch Nwy”) means the Gas Safety (Installation and Use) Regulations 1998 (S.I. 1998/2451).”
Related amendments of Schedule 9A to the Act
5 

(1) Schedule 9A to the Act is amended as follows.
(2) In paragraph 1—
(a) the existing text becomes sub-paragraph (2);
(b) before that sub-paragraph insert—“
(1) This paragraph is incorporated as a term of all standard contracts which—
(a) are mentioned in paragraph 7(1), and
(b) incorporate section 31.”
(3) In paragraph 2—
(a) the existing text becomes sub-paragraph (2);
(b) before that sub-paragraph insert—“
(1) This paragraph is incorporated as a term of all standard contracts which—
(a) are mentioned in paragraph 7(1), and
(b) incorporate section 31.”
(4) In paragraph 3—
(a) the existing text becomes sub-paragraph (2);
(b) before that sub-paragraph insert—“
(1) This paragraph is incorporated as a term of all standard contracts which—
(a) are mentioned in paragraph 7(1), and
(b) incorporate section 39.”
(5) In paragraph 4, after sub-paragraph (5) insert—“
(6) Sub-paragraph (1) is only incorporated as a term of a contract mentioned in paragraph 7(1) which incorporates section 43.”
(6) In paragraph 7(1), after “fundamental provision which is” insert “, subject to any provision to the contrary in Part 1,”.
Julie James
Minister for Climate Change, one of the Welsh Ministers
