Renting Homes (Wales) Act 2016

housing, landlord
Feb 01 | 2021

Renting Homes (Wales) Act 2016

Significant change is almost upon us here in Wales with the hope that the provisions of the Renting Homes (Wales) Act 2016 will be coming into force before April 2021.  The main provisions of the Renting Homes (Wales) Act 2016 include:
  • Tenancies and licences will be replaced with two types of "occupation contract" and standard terms will be introduced;
  • Landlords will be grouped into two groups - Community Landlords and Private Landlords;
  • Tenants will be known as "Contract holders" and new provisions will exist for Joint Contract Holders;
  • Rented properties must be fit for human habitation. Landlords must keep the structure and exterior of the property in repair and keep installations for the supply of water, gas or electricity, for sanitation, for space heating, and hot water in repair and proper working order;
  • Landlords will not be able to evict a contract holder just because they have complained about the condition of the property (retaliatory evictions)
  • A new procedure for Landlords to obtain possession of a property that has been abandoned.
It is important to note that when the provisions of the Renting Homes (Wales) Act 2016 come into force, it will apply to all existing tenancy agreements as well as future "Occupation Contracts". Private landlords need to take heed of a wealth of changes to tenancy laws and take all relevant necessary action.   Despite the provisions of the Renting Homes (Wales) Act 2016 Act not yet having come into force, the Welsh Parliament is already considering amendment in the form of the Renting Homes (Amendment)(Wales) Bill and addressing Section 21 eviction proceedings (commonly referred to as the "no fault" possession claim). The Covid-19 pandemic has led to emergency legislation in this area, leading to the Welsh Parliament having to shift focus and identify emerging evidence and changing trends in the housing sector since the Renting Homes (Wales) Act 2016 Act received Royal Assent.   The Housing Minister has reported that eviction proceedings should only be used as an "absolute last resort" and landlord should be proactive and seek to work with the tenant to address issues rather than evict at the outset. Rent Smart Wales is a useful resource for landlords and tenants and can be contacted despite the limitations caused by the Covid-19 pandemic.   The Renting Homes (Wales) 2016 Act and Renting Homes (Amendment)(Wales) Bill are significant as they represent the country's first primary legislation in housing law. Housing law practitioners must take extra care to ensure that the correct legislation is being applied to a particular case, depending on the location of the Property.   We look forward to working with Landlords dealing with the new legislation and the inevitable challenges that they will face. We offer FREE no-obligation initial expert landlord advice where we can discuss your situation. Please contact us today on 0330 123 1131 or contact us via our Landlord page www.newboldsolicitors.com/services/landlord-services/landlord-solicitors/   Joanna McBride - Solicitor

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