
2022 No. 799 (W. 176)
Housing, Wales
The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022
Made 13 July 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 sections 22(1)(b) and 256(1) and (2) of the Renting Homes (Wales) Act 2016.

In accordance with sections 256(3) and 256(4)(b) 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 (Housing Association Tenancies: Fundamental Provisions) 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 

(1) Words and expressions used in these Regulations have the same meaning as they have in the Act.
(2) In these Regulations—
 “the Act” (“y Ddeddf”) means the Renting Homes (Wales) Act 2016;
 “housing association tenancy” (“tenantiaeth cymdeithas dai”) has the same meaning as in Part 6 of the Rent Act 1977 (see section 86 of that Act).
Sections 104 and 123 of the Act not fundamental provisions of occupation contracts that are housing association tenancies
3 
Section 104 of the Act (secure contracts: variation of rent) is not a fundamental provision applicable to a secure contract which is a housing association tenancy.
4 
Section 123 of the Act (periodic standard contracts: variation of rent) is not a fundamental provision applicable to a periodic standard contract which is a housing association tenancy.
Consequential amendments to the Act
5 

(1) The Act is amended as follows.
(2) In section 104, at the end of subsection (4) insert “, except a secure contract which is a housing association tenancy”.
(3) In section 123, at the end of subsection (4) insert “, except a periodic standard contract which is a housing association tenancy”.
(4) In section 252 (minor definitions), in the appropriate place insert—“
 “housing association tenancy” (“tenantiaeth cymdeithas dai”) has the same meaning as in Part 6 of the Rent Act 1977 (c. 42) (see section 86 of that Act);”.
(5) In section 253 (index of terms), in table 2, after the entry for “housing association”, in the left hand column insert “housing association tenancy” and in the right hand column, insert “section 252”.
(6) In Schedule 1 (overview of fundamental provisions incorporated as terms of occupation contracts)—
(a) in Part 1 (secure contracts), in the entry in table 3 for sections 103 to 109, in the third column (notes), after “rent is payable”, in the first place where it appears, insert “and which are not housing association tenancies (as to which, see section 93 of the Rent Act 1977 (c. 42))”;
(b) in Part 2 (periodic standard contracts), in the entry in table 4 for sections 122 to 128, in the third column (notes) after “rent is payable”, in the first place where it appears, insert “and which are not housing association tenancies (as to which, see section 93 of the Rent Act 1977 (c. 42))”.
(7) In Schedule 12 (conversion of tenancies and licences existing before commencement of Chapter 3 of Part 10), in paragraph 14(2)—
(a) after “does not apply to”, insert“—
(a) ”;
(b) after “rent)” insert“, or
(b) an increase in rent under section 93 of the Rent Act 1977 (c. 42).”.
Consequential amendments to section 93 of the Rent Act 1977
6 

(1) Section 93 of the Rent Act 1977 (increase in rent without notice to quit) is amended as follows.
(2) In subsection (1)—
(a) after “weekly or other periodical tenancy”, insert “but not an occupation contract”;
(b) for “in this section”, substitute “in this subsection and subsection (2)”.
(3) After subsection (2) insert—“
(2A) Where a housing association tenancy is a secure contract or a periodic standard contract, the rent payable to the housing association or, as the case may be, the housing trust or the Welsh Ministers (in this subsection called “the landlord”), may be increased with effect from the beginning of any rental period by a written notice of increase specifying the date on which the increase is to take effect, and given by the landlord to the contract-holder not later than four weeks before that date.
(2B) A notice of increase given under subsection (2A) does not take effect if, before the date specified in that notice, the contract-holder gives a notice to end the contract.
(2C) But the notice of increase does take effect if, before the date specified in that notice, the notice to end the contract ceases to have effect (see section 167(3) or 172(3) of the Renting Homes (Wales) Act 2016 (anaw 1)).”.
(4) After subsection (5) insert—“
(6) In this section, the following terms have the same meaning as in the Renting Homes (Wales) 2016 (anaw 1) (see sections 7 and 8 of that Act)—
(a) contract-holder;
(b) occupation contract;
(c) periodic standard contract;
(d) secure contract,
and “notice to end the contract” means a notice under section 163 or 168 of that Act.”.
Julie James
Minister for Climate Change, one of the Welsh Ministers
