Is this applicable to me?
With the implementation of the new rental legislation in Wales there are new laws surrounding what statutory obligations landlords must adhere to. The ‘Renting Homes (Wales) Act 2016’ brought in many new obligations for landlords which must be complied with.
This new addition to the Renting Homes (Wales) legislation sets out all the obligations if you own a rental property in Wales. Failure to do so could result in the contract-holder (tenant) being able to legally withhold rent if the rental property is not deemed to be fit for human habitation. If the property continues to be unfit for human habitation the contract-holder will be able to seek an order from the Courts requiring the landlord to remedy any problem(s) which are in violation of the regulations.
What happens if I do not comply with these regulations?
Failure to comply with the legislation and regulations could result in a fine of up to £30,000.00 being imposed. If the contract-holder suffers personal injury, loss or damage as a result of the property being unfit for human habitation they could bring proceedings against you in respect of the injury, loss or damage.
What do the regulations entail?
The regulations encompass 29 different issues and circumstances in determining whether a property is fit for human habitation. As well as this there are several statutory requirements in which the landlord must abide by. The property must not be kept in a state of disrepair and an eviction notice cannot be issued if the property is not fit for human habitation.
Converted Assured Shorthold Tenancy and the New Legislation
If you had an existing AST before the implementation of the new legislation you now have a converted occupation contract. Written terms should have been served on the contract-holder by 31 May 2023. There is a grace period for the implementation of some of the new regulations. However, the grace period is not applicable for all of the statutory regulations some of which should currently be installed in your rental property. The grace period is coming to an end on 30th November 2023.
I am unsure on how to proceed – where can I find help?
Further guidance can be found on the gov.uk website. Our team of property litigation experts are on hand to help, so please do not worry about the new regulations! Contact details for our property litigation team can be found below…
by Lorna Williamson
Disclaimer: Please note this article is not intended to be legal advice and is for information purposes only. You should seek advice from a solicitor before relying upon its contents.