Part of the debate – in the Senedd at 4:03 pm on 29 November 2022.
Diolch, Dirprwy Lywydd. The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2022 do three principal things. Firstly and most importantly, they amend the renting homes Act to improve security of tenure for current tenants. Tenants with a periodic assured shorthold tenancy that converts to a periodic standard occupation contract on 1 December will, from 1 June 2023, be entitled to a six-month possession notice, rather than a two-month notice, when they are not at fault. This could apply, for example, if the landlord needs possession to be able to live in the property themselves.
Secondly, the Act is amended so that, during the first year in which it is in force, a community landlord will be able to vary the rent not less than 51 weeks after the previous increase, rather than a calendar year. This reflects current law and will enable community landlords to align the rent variation date for converted contracts with the date applying to new contracts. All subsequent rent variations will be subject to a calendar year restriction.
And thirdly, an amendment is made to further clarify that an assured tenancy that converts to a standard contract is not subject to a rent variation under section 123 of the 2016 Act where there are existing rent terms within the contract and the landlord is a private landlord.
I am very grateful to the Legislation, Justice and Constitution Committee in reporting on these regulations in an expedited time frame. We have responded formally to the single reporting point, and I'm happy to confirm that we consider the regulations to be compatible with the European Convention on Human Rights. The minor drafting points noted will be corrected on making to ensure that the law is accessible and clear to the reader. None of these change the meaning of the draft regulations that the Members are being asked to approve today. Diolch.