The Renting Homes (Wales) Act 2016 will bring changes to the way that both landlords and tenants let and rent residential properties (homes). These changes are scheduled to be introduced on the 1st of December 2022 (having been delayed since July 2022).
There will be changes to the way contracts are created and provided to tenants (no longer assured shorthold tenancies) and to the way that landlords maintain properties.
How will the changes affect tenants?
The new legislation will have the following impact:
- Tenants will receive a written contract setting out their rights and responsibilities – there are certain terms that have to be included in these contracts to provide protection to the tenant. If some of these terms are not included, for whatever reason, it can affect the validity of any notice served by the landlord.
- Instead of a 2 month ‘no fault’ eviction notice (section 21 notice), landlords will have to provide tenants with 6 months’ notice. If the tenant is in breach of the occupation contract then the notice period could be less.
- If there are joint contract-holders and one wants to leave, the process for doing so is easier than what it is currently, and it will also be easier to add another party to the occupation contract.
- Landlords have to ensure that the property is fit for human habitation, if it is not the landlords are restricted in their ability to serve certain notices.
- All assured shorthold tenancies will automatically convert to occupation contracts on the 1st of December 2022, all tenants should receive a written statement of their contract within 6 months of the 1st of December. Landlords will have to provide this information within 14 days of any new occupation contract.
We would recommend that tenants seek independent legal advice in relation to any notice received after the 1st of December 2022 to confirm whether the notice is valid, that tenants also obtain legal advice in relation to the occupation contract as there are terms that landlords cannot remove. This is only a brief overview of the upcoming changes.
If you require any further advice or guidance then please contact our offices or email .