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On 1 December 2022, implementation of the Renting Homes (Wales) Act 2016 changed the way all landlords in Wales rent their properties.
Seen by some as the biggest reform of legislation in decades, the changes aim to improve how landlords let and manage their properties and how tenants live in rented homes in Wales.
Contracts between tenants and social and private landlords have been revised, and changes have also been made to ensure properties are safe to live in and free from hazards.
There will be two types of contracts - ‘Secure’ for the social rented sector and ‘Standard’ for the private rented sector (PRS).
Tenants will now be referred to as ‘contract-holders’ and tenancy agreements have been replaced with occupation contracts.
Existing rental agreements extending beyond 1st December 2022 will automatically transfer to an occupation contract and the landlord must issue a new contract before 1 June 2023.
Occupation contracts which are set out in a written statement will cover four main terms:
For new rentals commencing after 1 December 2022, landlords must provide a written statement within 14 days of the occupation contract coming into effect, which sets out the terms listed above. For existing contract holders, landlords have a timeframe of six months to issue a written statement along with an occupation contract.
The Welsh government claim that replacing tenancy agreements with occupation contracts will make renting easier and provide greater security.
The law has been amended to ensure the safety of contract holders and properties are of an acceptable standard.
Landlords must make any required improvements to their properties for homes to be classed as fit for human habitation (FFHH). This includes checking, and where necessary, upgrading the property’s fire and electrical safety standard and ensuring that appropriate alarms and detectors are installed. In addition, the structure and interior of the property are also required to meet FFHH status.
Rent will not be payable during the period when the property is not fit for human habitation.
A contract holder can be added to or removed from the agreement without affecting the other party’s occupation contract.
Tenants will receive two months’ notice from the landlord of any rent increase instead of one month.
Landlords are required to give six months’ notice to end an occupation contract.
For tenancies starting after 1 December 2022, the no fault eviction notice period will increase from two to six months, and it will not be possible to serve an eviction notice in the first 6 months of a new tenant living in a property.
Exceptions may apply where there are rent arrears.
The improved succession rights allow a ‘priority’ and ‘reserve’ successor (spouse / other family member) to take over the occupation contract.
In situations where a property has been abandoned, if the landlord has issued a four-week warning notice and carried out the appropriate investigations, the property can be repossessed without a court order.
For more information and guidance on the changes to the Renting Homes (Wales) Act 2016, please visit Gov.wales.
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Paragon Bank PLC is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registered in England number 05390593. Registered office 51 Homer Road, Solihull, West Midlands B91 3QJ. Paragon Bank PLC is registered on the Financial Services Register under the firm reference number 604551