# Housing (Wales) Act 2014

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# Housing (Wales) Act 2014

# 2014 anaw 7

An Act of the National Assembly for Wales to provide for the regulation of private rented housing; to reform the law relating                        to homelessness; to provide for assessment of the accommodation needs of Gypsies and Travellers and to require local authorities                        to meet those needs; to make provision about the standards of housing provided by local authorities; to abolish housing revenue                        account subsidy; to allow fully mutual housing associations to grant assured tenancies; to make provision about council tax                        payable for empty dwellings; and for other housing purposes.                     

[17 September 2014]

**Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:**                        

## **PART 1**E+WREGULATION OF PRIVATE RENTED HOUSING

### IntroductionE+W

#### 1Overview of this PartE+W

#### 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Prohibition of letting and management without registration and licenceE+W

#### 4Requirement for a landlord to be registeredE+W

#### 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 9Requirement for agents to be licensed to carry out lettings workE+W

#### 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 11Requirement for agents to be licensed to carry out property management workE+W

#### 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 13Offence of appointing an unlicensed agentE+W

### RegistrationE+W

#### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 17Revocation of registrationE+W

### LicensingE+W

#### 18Licences that may be grantedE+W

#### 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 22Licence conditionsE+W

#### 23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 24Amendment of licenceE+W

#### 25Revocation of licenceE+W

#### 26Expiry and renewal of licenceE+W

#### 27Licensing appealsE+W

### EnforcementE+W

#### 28Prosecution by a licensing authority or a local housing authorityE+W

#### 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 30Rent stopping ordersE+W

#### 31Revocation of rent stopping ordersE+W

#### 32Rent repayment ordersE+W

#### 33Rent repayment orders: further provisionE+W

#### 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 35Offences by bodies corporateE+W

### InformationE+W

#### 36Requests for information from authorities and use of information by authoritiesE+W

#### 37Power to require documents to be produced or information givenE+W

#### 38Enforcement of powers to obtain informationE+W

#### 39False or misleading informationE+W

### Powers of the Welsh MinistersE+W

#### 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### SupplementaryE+W

#### 43Activity in contravention of this Part: effect on tenancy agreementsE+W

#### 44Restriction on terminating tenanciesE+W

#### 45Landlords who are trusteesE+W

#### 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 47Information about applicationsE+W

#### 48Giving notification etc. under this PartE+W

### GeneralE+W

#### 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 2**E+WHOMELESSNESS

### CHAPTER 1E+WHOMELESSNESS REVIEWS AND STRATEGIES

#### 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 51Homelessness reviewsE+W

#### 52Homelessness strategiesE+W

### CHAPTER 2E+WHELP FOR PEOPLE WHO ARE HOMELESS OR THREATENED WITH HOMELESSNESS

#### IntroductionE+W

##### 53Overview of this ChapterE+W

#### Key termsE+W

##### 54Application of key termsE+W

##### 55Meaning of homeless and threatened homelessnessE+W

##### 56Meaning of accommodation available for occupationE+W

##### 57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 58Meaning of abuse and domestic abuseE+W

##### 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### Information, advice and assistance in accessing helpE+W

##### 60Duty to provide information, advice and assistance in accessing helpE+W

#### EligibilityE+W

##### 61Eligibility for help under this ChapterE+W

#### Applications for help and assessmentE+W

##### 62Duty to assessE+W

##### 63Notice of the outcome of assessmentE+W

#### Duties to help applicantsE+W

##### 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 65Meaning of help to secureE+W

##### 66Duty to help to prevent an applicant from becoming homelessE+W

##### 67Circumstances in which the duty in section 66 endsE+W

##### 68Interim duty to secure accommodation for homeless applicants in priority needE+W

##### 69Circumstances in which the duty in section 68 endsE+W

##### 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 71Meaning of vulnerable in section 70E+W

##### 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 73Duty to help to secure accommodation for homeless applicantsE+W

##### 74Circumstances in which the duty in section 73 endsE+W

##### 75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 76Circumstances in which the duty in section 75 endsE+W

##### 77Meaning of intentionally homelessE+W

##### 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 79Further circumstances in which the duties to help applicants endE+W

#### Referral to another local housing authorityE+W

##### 80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 82Duties to applicant whose case is considered for referral or referredE+W

##### 83Cases referred from a local housing authority in EnglandE+W

#### NoticeE+W

##### 84Notice that duties have endedE+W

#### Right to review and appealE+W

##### 85Right to request reviewE+W

##### 86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 87Effect of a decision on review or appeal that reasonable steps were not takenE+W

##### 88Right of appeal to county court on point of lawE+W

##### 89Appeals against refusal to accommodate pending appealE+W

#### Supplementary provisionsE+W

##### 90ChargesE+W

##### 91Out-of-area placementE+W

##### 92Interim accommodation: arrangements with private landlordE+W

##### 93Protection of propertyE+W

##### 94Protection of property: supplementary provisionsE+W

##### 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 96Co-operation in certain cases involving childrenE+W

#### GeneralE+W

##### 97False statements, withholding information and failure to disclose change of circumstancesE+W

##### 98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

##### 100Consequential amendmentsE+W

## **PART 3**E+WGYPSIES AND TRAVELLERS

### Meeting accommodation needsE+W

#### 101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 102Report following assessmentE+W

#### 103Duty to meet assessed needsE+W

#### 104Failure to comply with duty under section 103E+W

#### 105Provision of information upon requestE+W

#### 106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 107Duties in relation to housing strategiesE+W

### GeneralE+W

#### 108InterpretationE+W

#### 109Power to amend definition of Gypsies and TravellersE+W

#### 110Consequential amendmentsE+W

## **PART 4**E+WSTANDARDS FOR SOCIAL HOUSING

### Standards for housing provided by local housing authoritiesE+W

#### 111StandardsE+W

(1)The Welsh Ministers may set standards to be met by local housing authorities in connection with—                  

(a)the quality of accommodation provided by local housing authorities for housing;                  

(b)rent for such accommodation;                  

(c)service charges for such accommodation.                  

(2)Standards set under subsection (1) may require local housing authorities to comply with rules specified in the standards.                  

(3)Rules about rent or service charges may include, among other things, provision for minimum or maximum—                  

(a)levels of rent or service charges,                  

(b)levels of increase or decrease of rent or service charges.                  

(4)The Welsh Ministers may—                  

(a)revise the standards by issuing further standards under this section;                  

(b)withdraw the standards by issuing further standards under this section or by notice.                  

(5)The Welsh Ministers must publish standards or notices under this section.                  

#### 112GuidanceE+W

(1)The Welsh Ministers may give guidance that—                  

(a)relates to a matter addressed by a standard under section 111, and                  

(b)amplifies the standard.                  

(2)In considering whether standards have been met the Welsh Ministers may have regard to the guidance.                  

(3)The Welsh Ministers may—                  

(a)revise the guidance by giving further guidance under this section;                  

(b)withdraw the guidance by giving further guidance under this section or by notice.                  

(4)The Welsh Ministers must publish any guidance or notice under this section.                  

#### 113Consultation on standards and guidanceE+W

Before setting, revising or withdrawing standards under section 111 or issuing, revising or withdrawing guidance under section                     112, the Welsh Ministers must consult—                  

(a)one or more bodies appearing to them to represent the interests of local housing authorities,                  

(b)one or more bodies appearing to them to represent the interests of tenants, and                  

(c)any other persons the Welsh Ministers consider it appropriate to consult.                  

#### 114Information on compliance with standardsE+W

A local housing authority must provide the Welsh Ministers with any information they request relating to compliance by the                     authority with standards set under section 111.                  

#### 115Powers of entryE+W

(1)This section applies where it appears to the Welsh Ministers that a local housing authority may be failing to maintain or                        repair any premises in accordance with standards set under section 111 or guidance given under section 112.                  

(2)A person authorised by the Welsh Ministers may at any reasonable time, on giving not less than 28 days' notice of his or her                        intention to the local housing authority concerned, enter any such premises for the purpose of survey and examination.                  

(3)Where such notice is given to the local housing authority, the authority must give the occupier or occupiers of the premises                        not less than seven days' notice of the proposed survey and examination.                  

(4)An authorisation for the purposes of this section must be in writing stating the particular purpose or purposes for which                        the entry is authorised and must, if so required, be produced for inspection by the occupier or anyone acting on his or her                        behalf.                  

(5)The Welsh Ministers must give a copy of any survey carried out in exercise of the powers conferred by this section to the                        local housing authority concerned.                  

(6)The Welsh Ministers may require the local housing authority concerned to pay to them such amount as the Welsh Ministers may                        determine towards the costs of carrying out any survey under this section.                  

#### 116Exercise of intervention powersE+W

(1)This section applies where the Welsh Ministers are deciding—                  

(a)whether to exercise an intervention power,                  

(b)which intervention power to exercise, or                  

(c)how to exercise an intervention power.                  

(2)The Welsh Ministers must consider—                  

(a)whether the failure or likely failure to meet the standard is, or is likely to be, a recurrent or isolated incident;                  

(b)the speed with which the failure, or likely failure to meet the standard needs to be addressed.                  

(3)In subsection (1), an “intervention power” means a power exercisable under sections 117 to 127.                  

#### 117Grounds for interventionE+W

For the purposes of this Part, the grounds for intervention are that a local housing authority has failed, or is likely to                     fail, to meet a standard set under section 111 which relates to the quality of accommodation.                  

#### 118Warning noticeE+W

(1)The Welsh Ministers may give a warning notice to a local housing authority if they are satisfied that the grounds for intervention                        exist in relation to the authority.                  

(2)The Welsh Ministers must specify each of the following in the warning notice—                  

(a)the reasons why they are satisfied that the grounds exist;                  

(b)the action they require the authority to take in order to deal with the grounds for intervention;                  

(c)the period within which the action is to be taken by the authority (“the compliance period”);                  

(d)the action they are minded to take if the authority fails to take the required action.                  

#### 119Power of Welsh Ministers to interveneE+W

(1)The Welsh Ministers have the power to intervene under this Part if—                  

(a)the Welsh Ministers have given a warning notice, and                  

(b)the local housing authority has failed to comply, or secure compliance, with the notice to the Welsh Ministers' satisfaction                        within the compliance period.                  

(2)Where the Welsh Ministers have the power to intervene, they must keep the circumstances giving rise to the power under review.                  

(3)If the Welsh Ministers conclude that the grounds for intervention have been dealt with to their satisfaction or that exercise                        of their powers under this Part would not be appropriate for any other reason, they must notify the local housing authority                        of their conclusion in writing.                  

(4)The Welsh Ministers' power to intervene continues in effect until they give notice under subsection (3).                  

(5)Where the Welsh Ministers have the power to intervene, they are not limited to taking the action they said they were minded                        to take in a warning notice.                  

#### 120Power to require local housing authority to obtain advisory servicesE+W

(1)This section applies if the Welsh Ministers have the power to intervene.                  

(2)The Welsh Ministers may direct the local housing authority to enter into a contract or other arrangement with a specified                        person, or a person falling within a specified class, for the provision to the authority, of specified services of an advisory                        nature.                  

(3)The direction may require the contract or other arrangement to contain specified terms and conditions.                  

(4)In this section and section 121 “specified” means specified in a direction.                  

#### 121Power to require performance of functions by other persons on behalf of authorityE+W

(1)This section applies if the Welsh Ministers have the power to intervene.                  

(2)The Welsh Ministers may give such directions to the local housing authority or any of its officers as they think are appropriate                        for securing that the functions to which the grounds for intervention relate are performed on behalf of the authority by a                        person specified in the direction.                  

(3)A direction under subsection (2) may require that any contract or other arrangement made by the authority with the specified                        person contains terms and conditions specified in the direction.                  

#### 122Power to require performance of functions by Welsh Ministers or nomineeE+W

(1)This section applies if the Welsh Ministers have the power to intervene.                  

(2)The Welsh Ministers may direct that the functions to which the grounds for intervention relate are to be exercised by the                        Welsh Ministers or a person nominated by them.                  

(3)If a direction is made under subsection (2), the local housing authority must comply with the instructions of the Welsh Ministers                        or their nominee in relation to the exercise of the functions.                  

#### 123Power to direct exercise of other local housing authority functionsE+W

(1)If the Welsh Ministers think it is expedient, a direction under section 121 or 122 may relate to the performance of functions                        of the local housing authority in addition to the functions to which the grounds for intervention relate.                  

(2)The Welsh Ministers may have regard (among other things) to financial considerations in deciding whether it is expedient that                        a direction should relate to the functions of the local housing authority other than functions relating to the grounds for                        intervention.                  

#### 124General power to give directions and take stepsE+W

(1)This section applies if the Welsh Ministers have the power to intervene.                  

(2)If the Welsh Ministers think it is appropriate in order to deal with the grounds for intervention, the Welsh Ministers may—                  

(a)give directions to the local housing authority or any of its officers, or                  

(b)take any other steps.                  

#### 125DirectionsE+W

(1)A local housing authority, or an officer of an authority, subject to a direction or instruction under this Part must comply                        with it.                  

(2)This includes a direction or an instruction to exercise a power or duty that is contingent upon the opinion of the authority                        or an officer of the authority.                  

(3)A direction under this Part—                  

(a)must be in writing;                  

(b)may be varied or revoked by a later direction;                  

(c)is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers.                  

#### 126Duty to co-operateE+W

(1)A local housing authority must give the Welsh Ministers and any person mentioned in subsection (2) as much assistance in connection                        with the exercise of functions under or by virtue of this Part as they are reasonably able to give.                  

(2)The persons are—                  

(a)any person authorised for the purposes of this section by the Welsh Ministers;                  

(b)any person acting under directions under this Part;                  

(c)any person assisting—                  

(i)the Welsh Ministers, or                  

(ii)a person mentioned in paragraph (a) or (b).                  

#### 127Powers of entry and inspectionE+W

(1)A person falling within subsection (2) has at all reasonable times—                  

(a)a right of entry to the premises of the local housing authority (other than a dwelling) in question;                  

(b)a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing                        information relating to the authority, which the person considers relevant to the exercise of his or her functions under or                        by virtue of this Part.                  

(2)The following persons fall within this subsection—                  

(a)a person specified in a direction under section 120 or, where the direction specifies a class of persons, the person with                        whom the local housing authority enter into the contract or other arrangement required by the direction;                  

(b)a person specified in a direction under section 121;                  

(c)the Welsh Ministers in pursuance of a direction under section 122;                  

(d)a person nominated by direction under section 122.                  

(3)In exercising the right under subsection (1)(b) to inspect records or other documents, a person (“P”)—                  

(a)is entitled to have access to, and inspect and check the operation of, any computer and any associated apparatus or material                        which is or has been in use in connection with the records or other documents in question, and                  

(b)may require the following persons to provide any assistance P may reasonably require (including, among other things, the making                        of information available for inspection or copying in a legible form)—                  

(i)the person by whom or on whose behalf the computer is or has been so used;                  

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.                  

(4)Any reference in this section to a person falling within subsection (2) includes a reference to any person assisting that                        person.                  

(5)In this section “document” and “records” each include information recorded in any form.                  

### Service charges for social housingE+W

#### 128Exemption from offences relating to service charges for social housingE+W

In section 25 of the Landlord and Tenant Act 1985, after subsection (2) insert—

“(3)Subsection (1) does not apply where the person is—                  

(a)a local authority for an area in Wales, or                  

(b)a registered social landlord.”                  

Prospective

#### 129Application of duties relating to service charges to local authority tenanciesE+W

In section 26(1) of the Landlord and Tenant Act 1985, after “a local authority” insert “ for an area in England ”.                     

### GeneralE+W

#### 130Consequential amendmentsE+W

Part 3 of Schedule 3 makes consequential amendments relating to this Part.

## **PART 5**E+WHOUSING FINANCE

### Housing Revenue Account subsidyE+W

#### 131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### Payments in relation to Housing Revenue AccountsE+W

#### 132Settlement paymentsE+W

#### 133Further paymentsE+W

#### 134Additional provision about paymentsE+W

### General provisionE+W

#### 135Provision of information upon requestE+W

#### 136Determinations under this PartE+W

## **PART 6**E+WALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES

### 137Amendment of Schedule 1 to the Housing Act 1988E+W

(1)Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies) is amended as follows.                  

(2)In paragraph 12(1)(h), after “association” insert “ , unless the tenancy is one which is excluded from this sub-paragraph by sub-paragraph (3) below ”.                  

(3)After paragraph 12(2) insert—                  

“(3)A tenancy is excluded from sub-paragraph (1) if all of the following requirements are met—                  

(a)the interest of the landlord belongs to a fully mutual housing association;                  

(b)the dwelling-house is in Wales;                  

(c)the tenancy is granted on or after the date on which this sub-paragraph comes into force;                  

(d)the tenancy is in writing;                  

(e)before the tenancy is granted, the landlord has served on the person who is to be the tenant a notice stating that the tenancy                           is to be excluded from sub-paragraph (1);                  

(f)the tenancy states that it is excluded from sub-paragraph (1).”                  

Prospective

### 138Amendment of Schedule 2 to the Housing Act 1988E+W

In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which a court must order possession of dwelling-houses let on                        assured tenancies), after Ground 2 insert—                     
*“Ground 2A*
The dwelling-house is subject to a mortgage granted, at any time, by a fully mutual housing association and—                     

(a)the dwelling-house is in Wales;                     

(b)the tenancy was granted by a fully mutual housing association;                     

(c)the mortgagee is entitled to exercise a power of sale conferred on the mortgagee by the mortgage or by section 101 of the                              Law of Property Act 1925;                     

(d)the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise                              of that power;                     

(e)not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered                              on this ground;                     

and for the purposes of this ground “mortgage” includes a charge and “mortgagee” is to be construed accordingly.”                     

## **PART 7**E+WCOUNCIL TAX FOR CERTAIN TYPES OF DWELLING

### 139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## **PART 8**E+WAMENDMENT OF THE LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993

### 140Amendment of the Leasehold Reform, Housing and Urban Development Act 1993E+W

(1)In section 99(5) of the Leasehold Reform, Housing and Urban Development Act 1993 (requirement for notices under Act to be                        signed by tenants or tenant personally) for paragraphs (a) and (b) substitute “ be signed by or on behalf of each of the tenants, or (as the case may be) by or on behalf of the tenant, by whom it is given.                           ”                  

(2)Accordingly, the Leasehold Reform (Amendment) Act 2014 is repealed.                  

## **PART 9**E+WMISCELLANEOUS AND GENERAL

### MiscellaneousE+W

#### 141Minor amendments to the Mobile Homes (Wales) Act 2013E+W

Part 5 of Schedule 3 makes minor amendments to the Mobile Homes (Wales) Act 2013.

### GeneralE+W

#### 142Orders and regulationsE+W

(1)A power to make an order or regulations under this Act is to be exercised by statutory instrument.                  

(2)A power to make an order or regulations under this Act includes power—                  

(a)to make different provision for different cases or classes of case, different areas or different purposes;                  

(b)to make different provision generally or subject to specified exemptions or exceptions or only in relation to specific cases                        or classes of case;                  

(c)to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the person making the                        order or regulations considers appropriate.                  

(3)A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before,                        and approved by resolution of, the National Assembly for Wales—                  

(a)in Part 1—                  

(i)an order made under section 2(1)(c), 3, 5(f), 6(3), 7(4), 8(f), 10(4)(d), 12(3)(d), 14(3), 20(7) or 29(5);                  

(ii)regulations made under section 19(2);                  

(b)in Part 2—                  

(i)an order made under section 57(4), 59(3), 72, 80(5)(b)(i), 80(8) or 81(4);                  

(ii)regulations made under section 78(1) or 86(1) and regulations made by the Welsh Ministers under paragraph 1 of Schedule 2;                  

(c)in Part 3, an order made under section 101 or 109;                  

(d)in this Part, regulations made under section 144 which amend or repeal any provision of an Act of Parliament or a Measure                        or Act of the National Assembly for Wales.                  

(4)Any other statutory instrument containing an order or regulations made by the Welsh Ministers under this Act other than an                        order made under section 40(7) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.                  

(5)A statutory instrument containing an order made under section 80(5)(b)(ii) may not be made unless a draft of the instrument                        has been laid before, and approved by resolution of—                  

(a)each House of Parliament, and                  

(b)the National Assembly for Wales.                  

(6)A statutory instrument containing regulations made by the Secretary of State under paragraph 1 of Schedule 2 may not be made                        unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.                  

(7)This section does not apply to an order made under section 145 (commencement).                  

#### 143Meaning of local housing authorityE+W

In this Act “local housing authority” means the council of a county or county borough in Wales, and it has an extended meaning for the purposes of Part 2 (see                     section 99).                  

Prospective

#### 144Power to make consequential and transitional provision etcE+W

(1)If the Welsh Ministers consider it necessary or expedient for the purpose of, or in consequence of, giving full effect to                           any provision of this Act, they may by regulations make—                     

(a)any supplementary, incidental or consequential provision, and                     

(b)any transitional or saving provision.                     

(2)Regulations under this section may (among other things) amend, repeal or revoke any enactment.                     

(3)In this section “enactment” means an enactment (whenever enacted or made) comprised in, or in an instrument made under—                     

(a)an Act of Parliament,                     

(b)a Measure or an Act of the National Assembly for Wales (including a provision of this Act).                     

#### 145CommencementE+W

(1)The following provisions come into force on the day on which this Act receives Royal Assent—                  

(a)section 142;                  

(b)section 143;                  

(c)this section;                  

(d)section 146.                  

(2)Sections 132 to 136 in Part 5 (Housing Finance) come into force after the end of the period of 2 months beginning with the                        day on which this Act receives Royal Assent.                  

(3)The remaining provisions of this Act are to come into force on a day appointed by the Welsh Ministers in an order made by                        statutory instrument.                  

(4)An order under this section may—                  

(a)appoint different days for different purposes;                  

(b)include such transitory, transitional or saving provision as the Welsh Ministers consider appropriate.                  

#### 146Short titleE+W

The short title of this Act is the Housing (Wales) Act 2014.

 (introduced by section 14)

## SCHEDULE 1E+WREGISTER OF PRIVATE RENTED HOUSING

### **PART 1**E+WCONTENT OF REGISTER

#### LandlordsE+W

1E+WAn entry in the register relating to a landlord must record the following—

(a)the name of the landlord;

(b)if the landlord is a body corporate, the address of the landlord's registered or principal office;

(c)the address of each rental property in the licensing authority's area for which the landlord is the landlord;

(d)the name and licence number of any person appointed by the landlord to carry out lettings work or property management work                        on behalf of the landlord and the address of each rental property to which the appointment relates;

(e)the landlord's registration number;

(f)the date the landlord was registered;

(g)where a licence has been granted to the landlord—

(i)the date the licence was granted or is renewed;

(ii)the licence number;

(iii)whether the licence has been amended under section 24; and if it has the date the amendment took effect;

(iv)whether the licence has expired without being renewed, or has been revoked; and if it has the date of expiry or revocation;

(h)where an application by the landlord for a licence has been refused by the licensing authority—

(i)the date of the refusal;

(ii)whether the refusal was appealed under section 27;

(i)where the licensing authority's refusal of an application was appealed, if the tribunal or court confirmed the authority's                        decision, the date of that decision;

(j)where a residential property tribunal has made a rent stopping order (see section 30) in respect of a rental property for                        which the landlord is the landlord—

(i)that such an order has been made;

(ii)the date the order took effect;

(iii)the date on which the order ceased to have effect (see section 31).

#### AgentsE+W

2E+WAn entry in the register for a person licensed to carry out lettings work and property management work on behalf of a landlord                        must record the following—

(a)the name of the person;

(b)the correspondence address of the person;

(c)if the person is a body corporate, the address of the person's registered or principal office;

(d)if the person is carrying out lettings work and property management work on behalf of a landlord in the course of a business,                        the address of any premises in the area of the licensing authority used for that purpose;

(e)where a licence has been granted to the person by the licensing authority—

(i)the date the licence was granted;

(ii)the licence number;

(iii)whether the licence has been amended under section 24; and if so the date on which the amendment took effect;

(f)where an application by the person for a licence has been refused by the licensing authority—

(i)the date of the refusal;

(ii)whether the refusal was appealed under section 27;

(g)where the licensing authority's refusal of an application was appealed, if the tribunal or court confirmed the authority's                        decision, the date of that decision.

### **PART 2**E+WACCESS TO REGISTER

3(1)A licensing authority must notify a person of the information mentioned in sub-paragraph (2) if that person makes a request                        for the information and provides the authority with the address of a rental property which is on its register.E+W

(2)The information is—

(a)the name of the landlord of the property and the name of any person appointed to carry out lettings work and property management                        work on behalf of the landlord in relation to the property;

(b)whether the landlord or person appointed to carry out lettings work and property management work on behalf of the landlord                        (as applicable) is licensed;

(c)if a rent stopping order under section 30 is in effect in relation to the property, that such an order is in effect.

4(1)A licensing authority must notify a person of the information mentioned in sub-paragraph (2) if that person makes a request                        for the information and provides the authority with—E+W

(a)the name of a landlord of a rental property in an area for which the authority is the licensing authority, or

(b)the name of a person appointed to carry out lettings work and property management work on behalf of the landlord in relation                        to any such property.

(2)The information is—

(a)whether the landlord is registered;

(b)whether the landlord or person appointed to carry out lettings work and property management work on behalf of the landlord                        (as applicable) is licensed.

5(1)A licensing authority must notify a person of the information mentioned in sub-paragraph (2) if that person requests the information                        and provides the authority with—E+W

(a)the registration number or licence number of a landlord of a rental property in the area for which the authority is the licensing                        authority, or

(b)the licence number of a person appointed to carry out lettings work and property management work on behalf of a landlord in                        relation to any such property.

(2)The information is—

(a)the name of the landlord and any person appointed to carry out lettings work and property management work on behalf of the                        landlord (as applicable);

(b)whether the landlord is registered;

(c)whether the landlord or any person appointed to carry out lettings work and property management work on behalf of the landlord                        (as applicable) is licensed.

 (introduced by section 61)

## SCHEDULE 2E+WELIGIBILITY FOR HELP UNDER CHAPTER 2 OF PART 2

### Persons not eligible for helpE+W

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### Asylum-seekers and their dependants: transitional provisionE+W

2(1)Until the commencement of the repeal of section 186 of the Housing Act 1996 (asylum-seekers and their dependants), that section                        applies to Chapter 2 of Part 2 of this Act as it applies to Part 7 of that Act.E+W

(2)For this purpose, in section 186 of the Housing Act 1996—

(a)the reference to section 185 of that Act is to be interpreted as a reference to paragraph 1, and

(b)the reference to “this Part” is to be interpreted as a reference to Chapter 2 of Part 2 of this Act and not Part 7 of that                        Act.

### Provision of information by Secretary of StateE+W

3(1)The Secretary of State must, at the request of a local housing authority, provide the authority with such information as it                        may require—E+W

(a)as to whether a person is a person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies,                        and

(b)to enable it to determine whether such a person is eligible for help under Chapter 2 of Part 2.

(2)Where that information is given otherwise than in writing, the Secretary of State must confirm it in writing if a written                        request is made to the Secretary of State by the authority.

(3)If it appears to the Secretary of State that any application, decision or other change of circumstances has affected the status                        of a person about whom information was previously provided to a local housing authority under this paragraph, the Secretary                        of State must inform the authority in writing of that fact, the reason for it and the date on which the previous information                        became inaccurate.

 (as introduced by sections, 100, 110, 130, 139 and 141)

## SCHEDULE 3E+WMINOR AND CONSEQUENTIAL AMENDMENTS

### **PART 1**E+WHOMELESSNESS

#### Housing Act 1985E+W

1E+WIn paragraph 4 of Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies), after “(homelessness)” insert                        “ or Part 2 of the Housing (Wales) Act 2014 (homelessness) ”.

#### Housing Act 1996E+W

2E+WThe Housing Act 1996 is amended as follows.

3E+WIn section 167 (allocation of housing accommodation in accordance with allocation scheme: Wales)—

(a)in subsection (2)—

(i)in paragraph (a), for “(within the meaning of Part 7)” substitute “ (within the meaning of Part 2 of the Housing (Wales) Act 2014) ”;

(ii)for paragraph (b) substitute—

“(b)people who are owed any duty by a local housing authority under section 66, 73 or 75 of the Housing (Wales) Act 2014;”                  

(b)in subsection (2ZA), for “Part 7” substitute “ Part 2 of the Housing (Wales) Act 2014 ”;

(c)in subsection (2A)(c), for “section 199” substitute “ section 81 of the Housing (Wales) Act 2014 ”.

4E+WIn the Part title of Part 7 (homelessness), after “Homelessness” insert “ : England ”.

5E+WIn subsection (1) of section 179 (duty of local housing authority to provide advisory services), after “local housing authority”                        insert “ in England ”.

6E+WIn subsection (1) of section 180 (assistance for voluntary organisations), after “local housing authority” insert “ in England ”.

7E+WIn subsection (1) of section 182 (guidance by the Secretary of State), after “social services authority” insert “ in England ”.

8E+WIn subsection (1) of section 183 (application for assistance), after “local housing authority” insert “ in England ”.

9E+WIn subsection (1) of section 187 (provision of information by Secretary of State), after “local housing authority” insert                        “ in England ”.

10E+WIn section 193 (duty to persons with priority need who are not homeless intentionally)—

(a)in subsection (10), for “appropriate authority” substitute “ Secretary of State ”;

(b)omit subsection (12).

11E+WIn section 198 (referral of case to another local housing authority)—

(a)after subsection (4) insert—

“(4A)Subsection (4) is to be construed, in a case where the other authority is an authority in Wales, as if the reference to “this                           Part” were a reference to Part 2 of the Housing (Wales) Act 2014.”                  

(b)in subsection (5), after “case” insert “ which does not involve a referral to a local housing authority in Wales ”;

(c)after that subsection, insert—

“(5A)The question whether the conditions for referral of a case involving a referral to a local housing authority in Wales shall                           be decided by agreement between the notifying authority and the notified authority or, in default of agreement, in accordance                           with such arrangements as the Secretary of State and the Welsh Ministers may jointly direct by order.”;                  

(d)in subsection (6)(b), after “Secretary of State” insert “ or, in the case of an order under subsection (5A), to the Secretary of State and the Welsh Ministers ”;

(e)in subsection (7)—

(i)for “No such order shall” substitute “ An order under this section shall not ”; and

(ii)at the end, insert “ and, in the case of a joint order, a resolution of the National Assembly for Wales ”.

12E+WIn subsection (4) of section 200 (duties to applicant whose case is considered for referral or referred)—

(a)after “met” insert “ and the notified authority is not an authority in Wales ”, and

(b)at the end, insert “ ; for provision about cases where it is decided that those conditions are met and the notified authority is an authority                           in Wales, see section 83 of the Housing (Wales) Act 2014 (cases referred from a local housing authority in England) ”.

13E+WAfter section 201 (application of referral provisions to cases arising in Scotland) insert—

##### “201ACases referred from a local housing authority in Wales

14E+WIn subsection (1) of section 213 (co-operation between relevant housing authorities and bodies), after “local housing authority”                        insert “ in England ”.

#### Homelessness Act 2002E+W

15E+WThe Homelessness Act 2002 is amended as follows.

16E+WIn the cross-heading above section 1, after “strategies” insert “ : England ”.

17E+WIn section 1 (duty of local housing authority to formulate a homelessness strategy)—

(a)in subsections (1) and (5), after “local housing authority” insert “ in England ”;

(b)in the heading, after “local housing authority” insert “ in England ”.

18E+WIn subsection (7A) of section 3 (homelessness strategies), omit “in England”.

#### Mental Health (Wales) Measure 2010E+W

19E+WIn subsection (1)(a) of section 50 of the Mental Health (Wales) Measure 2010 (meaning of housing or well-being services),                        for “Part 7 of that Act” substitute “ Part 2 of the Housing (Wales) Act 2014 ”.

#### Legal Aid, Sentencing and Punishment of Offenders Act 2012E+W

20(1)The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.E+W

(2)In paragraph 34 of Part 1 of Schedule 1 (homelessness)—

(a)in sub-paragraph (1), after paragraph (b) insert—

“(c)Part 2 of the Housing (Wales) Act 2014 (homelessness).”;                  

(b)in sub-paragraph (3) for “as in section 175 of the Housing Act 1996” substitute “— 

(a)as in section 175 of the Housing Act 1996 in cases where sub-paragraph (1) applies in relation to the provision of accommodation                           and assistance under—                  

(i)Part 6 of that Act as it relates to England;                  

(ii)Part 7 of that Act;                  

(b)as in section 55 of the Housing (Wales) Act 2014 in cases where sub-paragraph (1) applies in relation to the provision of                           accommodation and assistance under—                  

(i)Part 6 of the Housing Act 1996 as it relates to Wales;                  

(ii)Part 2 of the Housing (Wales) Act 2014.”                  

#### Prevention of Social Housing Fraud Act 2013E+W

21E+WIn subsection (7)(d) of section 7 of the Prevention of Social Housing Fraud Act 2013 (regulations about powers to require                        information), after “Housing Act 1996” insert “ or under Part 2 of the Housing (Wales) Act 2014 ”.

#### Social Services and Well-being (Wales) Act 2014E+W

22(1)The Social Services and Well-being (Wales) Act 2014 is amended as follows.E+W

(2)In paragraph (a) of section 48 (exception for provision of housing etc), for “Housing Act 1996” substitute “ Housing (Wales) Act 2014 ”.

(3)In the table in Schedule 2 (social services functions)—

(a)omit the entry for the Housing Act 1996;

(b)after the entry for the Care Act 2014 insert—

### **PART 2**E+WGYPSIES AND TRAVELLERS

#### Local Government Act 2003E+W

23(1)The definition of “housing” in subsection (4) of section 87 of the Local Government Act 2003 (housing strategies and statements)                        is amended as follows—E+W

(a)omit the words “section 225 of the Housing Act 2004”, and

(b)after “of” where it first occurs insert—

“(a)section 225 of the Housing Act 2004, in the case of a local housing authority in England;                  

(b)Part 3 of the Housing (Wales) Act 2014, in the case of a local housing authority in Wales.”                  

#### Housing Act 2004E+W

24(1)The Housing Act 2004 is amended as follows.E+W

(2)In section 225 (duties of local housing authorities: accommodation needs of Gypsies and Travellers)—

(a)in subsection (1), after “local housing authority” insert “ in England ”,

(b)in subsection (2), after “local housing authority” insert “ in England ”,

(c)in the definition of “gypsies and travellers” in subsection (5), for “appropriate national authority” substitute “ Secretary of State ”, and

(d)in the heading, after “local housing authorities” insert “ in England ”.

(3)In subsection (1) of section 226 (guidance in relation to section 225)—

(a)for “appropriate national authority” substitute “ Secretary of State ”, and

(b)after “local housing authorities” where it first occurs insert “ in England ”.

#### Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007 (S.I. 2007/3235)E+W

25E+WThe Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007 (S.I. 2007/3235)                        are revoked.

#### Mobile Homes (Wales) Act 2013E+W

26(1)The Mobile Homes (Wales) Act 2013 is amended as follows.E+W

(2)In the definition of “Gypsies and Travellers” in section 62 (other interpretation), for the words from “persons” where it                        first occurs to the end substitute “— 

(a)persons of a nomadic habit of life, whatever their race or origin, including—                  

(i)persons who, on grounds only of their own or their family's or dependant's educational needs or old age, have ceased to travel                           temporarily or permanently, and                  

(ii)members of an organised group of travelling show people or circus people (whether or not travelling together as such); and                  

(b)all other persons with a cultural tradition of nomadism or of living in a mobile home;”.                  

(3)In sub-paragraph (1) of paragraph 10 of Schedule 1 (travelling showmen), after “a” where it first occurs insert “ non-local authority owned ”.

### **PART 3**E+WSTANDARDS FOR SOCIAL HOUSING

#### Housing Act 1985E+W

27E+WIn section 24 (rents for occupation of local housing authority houses) of the Housing Act 1985—

(a)omit subsections (3) and (4);

(b)after subsection (5), insert—

“(6)In exercising its functions under this section, a local housing authority in Wales must—                  

(a)comply with any standards relating to rent or service charges which are set for it under section 111 of the Housing (Wales)                           Act 2014, and                  

(b)have regard to any guidance relating to rent or service charges which is issued under section 112 of that Act.”                  

#### Housing Act 1996E+W

28(1)The Housing Act 1996 is amended as follows.E+W

(2)In section 33A (standards of performance to be met by registered social landlords) after subsection (2), insert—

“(2A)Standards set under subsection (1) may require registered social landlords to comply with rules specified in the standards.                  

(2B)The Welsh Ministers may—                  

(a)revise the standards by issuing further standards under this section;                  

(b)withdraw the standards by issuing further standards under this section or by notice.                  

(2C)The Welsh Ministers must publish any standards or notice under this section.”                  

(3)In section 33B (guidance from Welsh Ministers on standards for registered social landlords)—

(a)for subsection (3) substitute—

“(3)The Welsh Ministers may—                  

(a)revise the guidance by issuing further guidance under this section;                  

(b)withdraw the guidance by issuing further guidance under this section or by notice.”                  

(b)for subsection (4) substitute—

“(4)The Welsh Ministers must publish any guidance or notice under this section.”                  

(4)In section 33C (consultation before setting standards for registered social landlords or issuing guidance on standards), after                        “setting” insert “ , revising or withdrawing ”.

### **PART 4**E+WCOUNCIL TAX FOR CERTAIN TYPES OF DWELLING

#### Local Government Finance Act 1992E+W

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### **PART 5**E+WAMENDMENTS TO THE MOBILE HOMES (WALES) ACT 2013

30(1)The Mobile Homes (Wales) Act 2013 is amended as follows.E+W

(2)In section 29(3) (decision whether a person is fit and proper to manage a site), for paragraph (b) substitute—

“(b)practised unlawful discrimination or harassment on the grounds of any characteristic which is a protected characteristic under                           section 4 of the Equality Act 2010, or victimised another person contrary to that Act, in or in connection with the carrying                           on of any business, or”.                  

(3)In section 33 (repayment orders)—

(a)omit subsection (7);

(b)in subsection (8) for “(11)” substitute “ (10) ”;

(c)in subsection (9)(c) for “at any time” substitute “ previously ”.

(4)In section 39(1) (interpretation of Part 2) omit the definition of “fire and rescue authority” and insert it into section                        62 (other interpretation) at the appropriate place.

(5)In section 49(4) (particulars of mobile home agreements) for “Act” substitute “ Part ”.

(6)In section 53(4) (successors in title) for “Act” substitute “ Part ”.

(7)In section 61(7) (meaning of “qualifying residents' association”) omit the definitions of “arbitration agreement” and “tribunal”.