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Are landlords ready for the Renting Homes (Wales) Act?

Online lettings platform lettingaproperty.com has reported an increase in landlords in Wales seeking support to comply with legislative changes resulting from the Renting Homes (Wales) Act 2016. The Act comes into force on 1st December 2022. It aims to improve the rental process by replacing various complex pieces of legislation with one clear framework.

Landlords in both the private and social sectors will have new procedures to follow once the Act comes into force. These relate to everything from issuing contracts and serving notices to property safety and maintenance.

Jonathan Daines, Founder and CEO of lettingaproperty.com, said: “Landlords in Wales are understandably concerned about the new Act and what it means for them. Many self-managing landlords are reaching out for support as they seek to navigate the multitude of changes. While the Act itself is positive news for the future of the rental sector, the need to ensure compliance concerns existing landlords.”

One of the key changes will be that Assured Shorthold Tenancies (ASTs) will no longer be used in Wales after 1st December 2022. Instead, there will be standard occupation contracts between landlords and contract-holders (tenants). Tenants must also be given a written contract statement within 14 days of the occupation date.

On 1st December, all existing ASTs in Wales will ‘convert’ to a standard occupation contract. Landlords and lettings agents have until 1st June 2023 to issue a new written statement for converted contracts.

The Welsh government has acknowledged that it’s unfair to disregard any AST clauses that go against the new Act. A conversion process has been published to help landlords and agents reformat their existing agreements without disregarding all clauses. Any clause that goes against the fundamental terms of the new model contract cannot be brought over, but many others can provided they comply with the Act.

The new model makes it easier to add additional tenants to a contract – or to remove them – the new contract isn’t required, just a written statement of the contract by the landlord or agent. This makes it easier for all parties should the tenants’ circumstances change. If a person is leaving, they need to inform the landlord/agent and the other tenants of the correct notice period.

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