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
DIY Wills
Dying without a Will can cause considerable stress for your loved ones. In an effort to save money, many people are drawn to preparing either home-made Wills or instructing cheap online Will writing providers.
Whilst this seems an attractive offer – it can be risky approach and end up paying a much higher price.
What if errors are made?
What if the strict witnessing rules are not followed?
This could result in an invalid Will and risk leaving your family in a financial and emotional mess.
Further, your estate could be eaten away by legal costs and unnecessary tax.
We offer a friendly, professional Will Writing Service which may not be as costly as you think. Please get in touch with our friendly team on 0330 123 1131 to find out more, or visit: www.newboldsolicitors.com/services/wills-probate/making-a-will/
Kate Alford – Legal Executive
Thinking about the future – Plan Ahead!
It is a proven fact that sadly in the UK one person every three minutes develops dementia. Many of us will be affected by a physical or mental incapacity as some stage in our lives. Should this occur; Who will deal with your property and finances? Who will deal with your personal welfare?
If you wish a particular person/relative to look after your affairs for a long period of time you can grant them a Lasting Power of Attorney (LPA) and they will become your Attorneys. Any person over the age of 18 can make an LPA to cover such eventualities.
Consider who you trust to carry out this role
You may appoint more than one Attorney should you wish and even appoint replacement Attorneys. An LPA is a legal document which will enable your Attorneys to make decisions for you should you not be able to do so yourself.
There are two different types of LPAs, one for Property and Financial Affairs and one for Health and Welfare. A Property and Financial Affairs Attorney can deal with opening and closing bank accounts, paying bills, buying, selling and maintaining property. A Health and Welfare Attorney can make decisions such as where you should live, what medical treatment you will require.
Unless an LPA is put in place, an application will need to be made to the Court of Protection for a Deputy to act on your behalf. This process is not only costly, but the process is very time consuming and complex. So, whilst we all want to think about today, let’s take a little time to plan ahead!
If you would like to discuss your requirements for a Lasting Power of Attorney we have a dedicated team available to speak to you, simply fill in the contact form blow, call us on 0330 123 1131 or visit: www.newboldsolicitors.com/services/wills-probate/power-of-attorney/
Kate Alford - Legal Executive
In order to improve the housing stock in the capital, tenants can now use the online 'checker'. A new online ‘check and challenge’ tool aims to empower tenants in the capital by helping them claim back rent from rogue landlords. Mayor of London Sadiq Khan’s new Property Licence Checker has been set up so tenants can make sense of the many schemes running across London boroughs. It tells them if their landlord or property is licensed and offers help to make rent repayment orders while councils will gather intelligence to target enforcement. Khan says it’s vital that every privately rented property is licensed so landlords can be held to account for the conditions their tenants live in.
Are some tenants using Covid-19 as an excuse not to pay their rent?
Some Landlords are arguing that their tenants (knowing that they cannot be evicted for some time) are stopping their rental payments and waiting the 'long wait' to be evicted.
Clearly this is a real concern for landlords who are themselves struggling to meet repayments on their mortgages; some landlords are even finding that by applying and obtaining a 'rent repayment holiday' it is adversely effecting their abilities to re-mortgage.
This is something that ARLA have been raising with the ministry of housing.
In Wales a tenant can apply for an interest free loan to pay rent; but in England, it is right to say that some Landlords are facing financial ruin. With all the latest regulations being placed upon them, resulting in fines and Court orders, it is easy to see why some landlords are selling their rental properties rather than investing in the property market.
The country needs more housing, the County needs more private sector housing to help with the homelessness situation; so this is something that the minister for housing should be addressing 'how to help landlord during the Covid-19 pandemic'.
Although the Courts are now prioritising Court hearings where the tenant is more than 9 months in arrears, there must be more than can be done.
This is meant to be a generic blog and not specific, the law changes rapidly and with Covid-19 it is a fluid situation; in order to rely upon anything contained in this blog you should speak to our team of solicitors who will happily provide more up to date and specific advice on your particular matter and any changes involved.