
2023 No. 1277 (W. 225)
Housing, Wales
The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023
Made 28 November 2023
Coming into force 30 November 2023

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by paragraph 17 of Schedule 2 to, and section 256(1) of the Renting Homes (Wales) Act 2016 and sections 59(3) and 142(2) of the Housing (Wales) Act 2014.

In accordance with section 256(3), (4)(h) and (5) of the Renting Homes (Wales) Act 2016 and section 142(3)(b)(i) of the Housing (Wales) Act 2014, a draft of these Regulations has been laid before, and approved by resolution of, Senedd Cymru.
Title, coming into force and interpretation
1 

(1) The title of these Regulations is the Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 and they come into force on 30 November 2023.
(2) In these Regulations—
 “the Act” (“y Ddeddf”) means the Renting Homes (Wales) Act 2016;
 “the Order” (“y Gorchymyn”) means the Homelessness (Suitability of Accommodation) (Wales) Order 2015.
Amendments to the Act
2 

(1) The Act is amended as follows.
(2) In Schedule 2 (exceptions to section 7)—
(a) in Part 3 (tenancies and licences that are never occupation contracts)—
(i) in paragraph 7(3), at the end of paragraph (k), insert—“
(l) a licence which relates to private sector temporary homelessness accommodation (see paragraph 10A).”;
(ii) after paragraph 10 insert—“
Meaning of “private sector temporary homelessness accommodation”
10A. 

(1) Private sector temporary homelessness accommodation is accommodation which—
(a) is provided by a private landlord under arrangements made with a local housing authority in pursuance of any of that authority’s homelessness housing functions, and
(b) is within the definition of “B&B accommodation” in article 2 (interpretation) of the Homelessness (Suitability of Accommodation) (Wales) Order 2015 (S.I. 2015/1268 (W. 87)), as it has effect on 30 November 2023, which is the date on which the Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277 (W. 225)) came into force.
(2) In this paragraph “local housing authority” and “homelessness housing functions” have the meanings given in paragraph 12(5).”;
(b) in Part 4 (tenancies and licences to which special rules apply: homelessness), in paragraph 12(1), after “accommodation” insert “, but this paragraph does not apply in relation to a licence of the kind described in paragraph 7(3)(l)”.
(3) In section 243(3) (local authority and other authorities), after “other than in” insert “paragraph 10A and”.
Amendment to the Order
3 
In article 2 (interpretation) of the Order, for the definition of “B&B accommodation”, substitute—“
 “B&B accommodation” (“llety Gwely a Brecwast”) means accommodation (whether or not breakfast is included) which meets the following conditions—
(a) the first condition is that—
(i) a kitchen is either unavailable to the licensee, or it is available to the licensee but it is shared by people who are not part of the same household, and
(ii) the following amenities are available to the licensee but may be shared by people who are not part of the same household—
(aa) a toilet;
(bb) personal washing facilities;
(b) the second condition is that the accommodation is not owned or managed by a community landlord (within the meaning of section 9 (community landlords) of the Renting Homes (Wales) Act 2016 (anaw 1)), a registered charity or a voluntary organisation.”.
Julie James
Minister for Climate Change, one of the Welsh Ministers
28 November 2023