The Renting Homes (Amendment) (Wales) Act 2021
The Renting Homes (Amendment) (Wales) Act 2021 (the 2021 Act) amends both the Renting Homes (Wales) Act 2016 and the Renting Homes (Fees etc.) (Wales) Act 2019 so that people who rent a home in Wales under a standard occupation contract have a minimum of 12 months’ security of occupation. Amongst other things, it:
- increases the minimum period of notice that must be given by a landlord to end a standard occupation contract under a so-called “no-fault eviction” from 2 months to 6 months
- applies restrictions on giving particular notices when there has been a breach of certain statutory requirements
- restricts the circumstances in which a periodic standard contract can be varied by the landlord
- severs the connection between giving notice to vary the contract, and giving notice seeking possession.
The Act also amends the 2019 Act so that, in certain circumstances, the payment of a service charge, and payment for a replacement written statement of an occupation contract, are permitted payments for the purposes of the 2019 Act.
The Explanatory Notes to the 2021 Act provide detailed commentary on the various provisions.
Coming into force:
Sections 15, 17, 19 and 20 came into force on 8 April 2021 which is the day after the Act received Royal Assent, in accordance with section 19(1). Sections 19(2) and (3) of the 2021 Act provide that remaining provisions come into force when one or more orders are made by the Welsh Ministers. The following order has been made:
The Renting Homes (Amendment) (Wales) Act 2021 (Commencement) Order 2022
Subordinate legislation made under the Act:
Title | Citation number | Made date | Coming into force date | Supporting documents |
The Renting Homes (Wales) Act 2016 (Amendment of Schedule 9A) Regulations 2022 | 2022 No. 143 (W. 46) | 16 February 2022 | 1 December 2022 | Explanatory Memorandum |
The Renting Homes (Rent Determination) (Converted Contracts) (Wales) Regulations 2022 | 2022 No. 781 (W. 170) | 15 July 2022 | 1 December 2022 | Explanatory Memorandum |
The Renting Homes (Wales) Act 2016 (Housing Association Tenancies: Fundamental Provisions) Regulations 2022 | 2022 No. 799 (W. 176) | 13 July 2022 | 1 December 2022 | Explanatory Memorandum |
The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2022 | 2022 No. 1258 (W. 256) | 30 November 2022 | 30 November 2022 | Explanatory Memorandum |
Consideration of the legislation by the Senedd:
The Bill was introduced by Julie James MS (the then) Minister for Housing and Local Government on 10 February 2020 and passed by Senedd Cymru on 23 February 2021.
More information about the Bill is available on the Senedd’s website, including a record of the passage of the Bill through the Senedd and the Explanatory Memorandum that was prepared by the Welsh Government (on introduction of the Bill).
The Act received Royal Assent on 7 April 2021.