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Renting Homes (Wales) Act 2016: Sch 12 and 2022 Saving and Transitional Regulations—conversion of existing tenancies and licences, terms and termination of converted occupation contracts

Practice notes
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The Renting Homes (Wales) Act 2016 (RH(W)A 2016) took effect on 1 December 2022. From that day, existing residential tenancies and licences—save where RH(W)A 2016 specifically excludes them—were converted into either secure or standard occupation contracts. This Practice Note examines the transitional provisions in RH(W)A 2016, Sch 12, and the Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022 (the Transitional Regulations 2022), SI 2022/1172, which govern and regulate the conversion of existing tenancies into occupation contracts. It considers the status of tenancies and licences in existence on 1 December 2022, the terms of those arrangements, and the methods of terminating them.

Status of existing tenancies and licences—converted contracts

On 1 December 2022, the following forms of occupation of a residential property in Wales were abolished:

  • an assured tenancy (AT), including an assured shorthold tenancy (AST)
  • a secure tenancy
  • a restricted contract
  • a protected shorthold
  • an introductory tenancy
  • a demoted tenancy

Existing tenancies and licences were treated as if they had been granted on 1 December 2022 for the purposes of determining:

  • whether the tenancy...
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