On the 1st of December 2022, the Renting Home (Wales) Act 2016 changed the way that landlords must rent their properties out. This included changes to the way contracts are provided, the way homes are maintained and how tenants communicate with their landlords.
By May 31st, all tenancies in Wales will automatically be replaced with an occupation contract. All landlords must give their tenants a written statement of the converted contract by the deadline, this will replace the original tenancy agreement. You must receive a written statement by May the 31st outlining your rights and responsibilities that includes the agreed terms of your tenancy and the required contractual terms. The process of communication has to be included. If a landlord fails to issue the written statement by the deadline of May the 31st then the tenants may be entitled to damages/compensation and the landlord may also be unable to issue a notice of possession.
Some of the required terms set out in the previous tenancy contract will need to be replaced. For example, your landlord may need to give a greater notice of a rent increase and the landlord must now give tenants six months’ notice to end the contract (subject to the start date of the original contract); there are grounds for serving less than 6 months’ notice (e.g. serious rent arrears when 14 days’ notice can be provided and the landlord must commence court proceedings within 6 months of service and further, the court will determine whether it is reasonable for the Court to grant such an order).
The Renting Home (Wales) Act 2016 has also changed the law in relation to smoke alarms, every landlord must ensure that there is hard wired smoke alarms on each floor of your home and every landlord must also ensure that an electrical safety inspection is done at least every 5 years and have a valid electrical condition report in place. Of course there is the standard legislation with regards gas safety certificates and the handling of any deposit. Any breach of the above may result in the Landlord being unable to recover possession.
There are also changes in respect of joint tenants, and changes in relation to tenants ability to ask for pets at the property.
Notices now have a time scale by which an application for a possession order must be applied for, there is also restrictions on how many notices can be served and withdrawn. There is more stress on a Landlord to make sure that notices are valid and the Landlord is compliant.
The law is (in our view) complex and can be considered challenging for landlords, especially for landlords who are not professional landlords. If a Landlord breaches any of the regulations, the outcome can be serious. It is more important than ever to build a relationship with an expert property lawyer who you can go to for advice and assistance when and if you encounter issues, and also, to put you on the right footing.
Newbold has 7 lawyers working in our Landlord team, they are update, commercially aware and can provide a free 10 minute consultation.
(written by Elisse Rickets and Catherine Watkins May 2023).
Blogs are not meant to provide legal advice and should not be relied upon as such; if you have an issue with a property you should seek legal advice from a qualified practitioner who can discuss your specific needs.
GOVERNMENT WILL CHANGE THE LAW IN ENGLAND
The Government will be introducing a 'Renters Reform Act', soon to be published by the Government as part of their 'levelling up' plan; the reform will allow tenants to have their pets in a rental property without the threat of eviction for breach of their tenancy.
If the Landlord objects to a reasonable request, the Tenant and Landlord can attend mediation.
Further details will be published by Newbold.
In Wales (from December 22), the rules will be different (unsurprisingly for Wales as housing is a devolved area); if a tenant requests a reasonable change to a contract term 'e.g. no pets', the Landlord has one month to object, or there is deemed acceptance. The Landlord will be unable to refuse a reasonable request.
If you would like to know more about this, then please watch our vlogs, or ring one of our team for a free 10 minute chat.
MORE CHANGES WITH THE SERVING OF NOTICE PERIODS IN WALES
From 25 March 2022, Landlords will be able to give their tenants only 2 months notice of their intention to evict them (no-fault evictions pursuant to Section 21) and only 2 weeks notice (substantial rent arrears pursuant to S8).
Good news for Landlords who are struggling to make mortgage payments, but for Tenants who are struggling with their rental payments, this can be a very stressful time.
If you are a tenant, then it is important that you do not ignore the problem, you seek help as soon as you are having difficulty with paying your rent. Speak to a debt counsellor, speak to Shelter, or the CAB, keep engaging with your landlord.
There are tenants who simply do not care they are missing their rental payments, they may be breaching their tenancy conditions and causing damage to the property, in which case, a Landlord should consider whether to re-serve a notice to take advantage of the change in legislation.
If you are a Landlord with a property in Wales, then please phone us as because we are fully experienced in both English and Welsh housing law legislation, and we can explain the changes now, and the changes coming into force this summer.
The law is becoming more complex and the difference between English and Welsh legislation is becoming further apart. If you have a home or property in Wales, then speak to us.
We are proud to take part in the Cardiff Legal Walk 2021 and raise money for the Reaching Justice Wales (local arm of the Access to Justice Foundation) which funds local advice services. Advice agencies do a fantastic job in preventing homelessness, resolving debt problems, gaining care for the elderly and disabled and fighting exploitation for some of the most vulnerable people in our society.
Our walkers are:
- David Coleman
- Maria Henson
- Jake Wesson
- Jerry Honeyball
- Natasha Wright
- Liane Elms
- Lizzie Tarling
- Katie Prosser
The money we raise will help to keep local agencies operating and giving access to justice try to as many people as possible. Please support our walkers as generously as you are able. If you would like to donate, you can do so via the link below. Donate Here
A Look at the Impact of the Stamp Duty Holiday
The Stamp Duty holiday was introduced in July 2020 and since then homebuyers have not paid any stamp duty on the value of their homes up to £500,000 (£250,000 in Wales). In England and Wales the holiday is due to end on June 30th 2021 with Wales Land Transaction Tax (LTT) returning to normal rates and England’s Stamp Duty holiday moving to a staggered end until September 30th 2021. This article from the BBC looks at the Stamp Duty Holiday as it comes to an end and impacts it has had on the housing market across the UK. https://www.bbc.co.uk/news/business-53319433 If you are looking to move house and require a conveyancing solicitor please get in touch with us on 0330 123 1131 or get a quote via our online quoting system.