Despite its name, The Renting Homes (Wales) Act 2016 came into force on 2nd December 2022 and is a significant piece of legislation. It aims to simplify and improve the rental process for both landlords and tenants, but the responsibility of these changes falls heavily on the shoulders of Landlords.
Here’s a brief overview of what this Act entails.
Key Features of the Act
Occupation Contracts: The Act has done away with the Assured Shorthold Tenancy Agreement and replaces it the Occupation Contract. Landlords are required to ensure that the Occupation Contract contains a set of fundamental provisions and must be issued to the tenant within 14 days of the start of occupation.
Higher Safety Standards: The Act mandates specific safety requirements, including regular electrical safety checks and the installation of smoke alarms and carbon monoxide detectors.
Enhanced Tenant Rights: Tenants now have clearer rights regarding repairs and maintenance. The Act also provides protections against retaliatory evictions, ensuring tenants can report issues without fear of losing their home. If a property is deemed unfit for human habitation, then no rent is payable.
6 Month Possession Notices: The old Section 21 Notices which gave tenants 2 months to vacate the property are now gone. Tenants now must now be given a minimum of 6 months-notice to vacate under section 173 of the Renting Homes (Wales) Act 2016.
Converting Old Tenancies: Landlord had until 31st May 2023 to convert existing Tenancy Agreements to the new Occupation Contract. Any Landlord that fails to abide by this requirement exposes themselves to a potential claim made against them by their Tenant for compensation.
Why It Matters
The Renting Homes (Wales) Act 2016 is more demanding of Landlords in Wales in the hope of a fairer and more transparent rental market. The silver lining for Landlords is that their responsibilities are now more uniform, reducing the risk of disputes with their Tenants. For tenants, it provides greater security and clarity about their rights and obligations.
Conclusion
Understanding and complying with the Renting Homes (Wales) Act 2016 is essential for both Landlords and Tenants. Not being compliant with the new legislation and regulations can leave Landlords at a severe disadvantage when they have a dispute with their tenants or simply just want to regain possession. For instance, failure to be compliant can prevent Landlords from serving a possession notice.
If you are a Landlord in Wales and would like a free consultation regarding your rental property, please call Dudden Law Solicitors 02921 320 150 who have a small but experienced team that would be happy to assist.
Written by
Dean Francis
Paralegal