
2023 No. 556 (W. 87)
Housing, Wales
The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023
Made 18 May 2023
Coming into force 1 June 2023

The Welsh Ministers make the following Regulations in exercise of the power conferred on them by section 256(2) of and paragraph 33 of Schedule 12 to the Renting Homes (Wales) Act 2016.

In accordance with section 256(3), (4)(n) and (5) of that Act, a draft of these Regulations has been laid before, and approved by a resolution of, Senedd Cymru.
Title and coming into force
1 
The title of these Regulations is the Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 and they come into force on 1 June 2023.
Amendments to Schedule 12
2 
Schedule 12 (conversion of tenancies and licences existing before commencement of Chapter 3 of Part 10) to the Renting Homes (Wales) Act 2016 is amended as follows.
3 
In paragraph 1(1) (definitions), at the appropriate place, insert—“
 “substitute contract” (“contract sy’n cymryd lle contract arall”) has the meaning given in paragraph 32.”.
4 
In paragraph 11 (written statement of converted contract and provision of information)—
(a) for sub-paragraph (1A) substitute—“
(1A) Where there has been a change in the identity of the contract-holder before 1 June 2023 (which is the first day after the end of the information provision period), section 31(2) (provision of written statement to new contract-holder) applies in relation to a converted contract as if for “the day on which the identity of the contract-holder changes” there were substituted “1 June 2023”.”;
(b) after sub-paragraph (2) insert—“
(3) This paragraph does not apply in relation to a substitute contract (and accordingly section 31 applies, as modified by paragraph 11A, in relation to such contracts).”.
5 
After paragraph 11 insert—“
11A 

(1) In their application to a substitute contract that has come into existence before 1 June 2023—
(a) section 31(1) is to be read as if for “the occupation date” there were substituted “1 June 2023”;
(b) section 31(2) is to be read as if for “the day on which the identity of the contract-holder changes” there were substituted “1 June 2023”;
(c) the following provisions are to be read as if for “the occupation date” there were substituted “1 June 2023”—
(i) section 36(3)(a);
(ii) section 37(3)(a);
(d) section 39(1) is to be read as if for “the occupation date of the contract” there were substituted “1 June 2023”.
(2) In their application to a substitute contract that has come into existence on or after 1 June 2023—
(a) the following provisions are to be read as if the references to the occupation date were references to the day on which the contract-holder is entitled to begin occupying the dwelling under the substitute contract—
(i) section 31(1);
(ii) section 36(3)(a);
(iii) section 37(3)(a);
(b) section 39(1) is to be read as if the reference to the occupation date of the contract were a reference to the date on which the contract-holder is entitled to begin occupying the dwelling under the substitute contract.”.
6 
In paragraph 12A—
(a) after “converted contract” insert “, other than a substitute contract,”;
(b) in sub-paragraph (b), in the modified paragraph 2(a) of Schedule 9A, omit “(where it is not disapplied by paragraph 11(1A) of that Schedule)”.
7 
In paragraph 13(1), after “converted contract” insert “, other than a substitute contract,”.
8 
In paragraph 15(3)(b), omit “(see paragraph 32)”.
9 
In paragraph 32(1) (substitute occupation contracts), after “paragraph 28” insert “or where express provision is made to the contrary”.
Amendment to the Renting Homes (Amendment) (Wales) Act 2021
10 
Omit paragraph 27(2) of Schedule 6 (minor and consequential amendments) to the Renting Homes (Amendment) (Wales) Act 2021.
Julie James
Minister for Climate Change, one of the Welsh Ministers
18 May 2023