Tenancy agreement = occupational contract
Tenant = contract holder
Tenant = contract holder
Although The Renting Homes (Wales) Act 2016 received Royal Assent 9 years ago, it finally came into force on 1 December 2022. This has made significant changes to housing law in Wales, in particular residential tenancies.
Key changes:
Changes in terminology
Landlords are now required to provide contract holders with a statement setting out the terms of the occupational contract within 14 days of the start of the agreement. Tenancy agreements that were in existence before 1 December 2022 converted on this date. Landlords have until 1 June 2023 to provide contract holders with converted contracts, replacing original tenancy agreement.
Notice periods will increase
Landlords in Wales will no longer serve notice on tenants using section 8 and section 21 of the Housing Act 1988. In most cases, landlords must give contract holders 6 months’ notice to end the occupation contract, and this can only be given 6 months after the start of the contract. Practically speaking, all tenancies in Wales will be a minimum of 12 months.
24 month contracts are encouraged, although not mandatory and can have a break clause. There are exceptions and shorter notice is allowed in instances of serious rent arrears or anti-social behaviour.
More responsibility on the landlords
The Renting Homes (Wales) Act 2016 imposes higher standards of repair on landlords renting properties in the private sector. There are also more onerous terms in relation to homes being fit for human habitation, requiring landlords to keep the exterior and interior of the property in repair, as well as services such as gas, electricity and water. All rented properties must have a carbon monoxide alarm, hard wired smoke alarms and an Electronic Installation Condition Report of the fixed wiring of the property every 5 years.
Landlords and contract holders (tenants) in Wales should take legal advice on the changes and how it effects them, regardless of whether it’s an existing or new agreement. Allianz customers with legal expenses cover can contact our expert legal advisors at Lawphone.
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