RENTING HOMES IN WALES, THE NEW LAW

May 25 | 2023
On the 1st of December 2022, the Renting Home (Wales) Act 2016 changed the way that landlords must rent their properties out. This included changes to the way contracts are provided, the way homes are maintained and how tenants communicate with their landlords. By May 31st, all tenancies in Wales will automatically be replaced with an occupation contract. All landlords must give their tenants a written statement of the converted contract by the deadline, this will replace the original tenancy agreement. You must receive a written statement by May the 31st outlining your rights and responsibilities that includes the agreed terms of your tenancy and the required contractual terms. The process of communication has to be included. If a landlord fails to issue the written statement by the deadline of May the 31st then the tenants may be entitled to damages/compensation and the landlord may also be unable to issue a notice of possession. Some of the required terms set out in the previous tenancy contract will need to be replaced. For example, your landlord may need to give a greater notice of a rent increase and the landlord must now give tenants six months’ notice to end the contract (subject to the start date of the original contract); there are grounds for serving less than 6 months’ notice (e.g. serious rent arrears when 14 days’ notice can be provided and the landlord must commence court proceedings within 6 months of service and further, the court will determine whether it is reasonable for the Court to grant such an order).   The Renting Home (Wales) Act 2016 has also changed the law in relation to smoke alarms, every landlord must ensure that there is hard wired smoke alarms on each floor of your home and every landlord must also ensure that an electrical safety inspection is done at least every 5 years and have a valid electrical condition report in place. Of course there is the standard legislation with regards gas safety certificates and the handling of any deposit.  Any breach of the above may result in the Landlord being unable to recover possession. There are also changes in respect of joint tenants, and changes in relation to tenants ability to ask for pets at the property. Notices now have a time scale by which an application for a possession order must be applied for, there is also restrictions on how many notices can be served and withdrawn.  There is more stress on a Landlord to make sure that notices are valid and the Landlord is compliant. The law is (in our view) complex and can be considered challenging for landlords, especially for landlords who are not professional landlords.  If a Landlord breaches any of the regulations, the outcome can be serious.  It is more important than ever to build a relationship with an expert property lawyer who you can go to for advice and assistance when and if you encounter issues, and also, to put you on the right footing. Newbold has 7 lawyers working in our Landlord team, they are update, commercially aware and can provide a free 10 minute consultation. (written by Elisse Rickets and Catherine Watkins May 2023). Blogs are not meant to provide legal advice and should not be relied upon as such; if you have an issue with a property you should seek legal advice from a qualified practitioner who can discuss your specific needs. Multiple Dwellings

CHANGES TO HOUSING LAW (ENGLAND) THAT MAY BE INTRODUCED.

May 25 | 2023
  rent repayment orders   Landlords that rent to students normally offer a 12-month fixed term contract, one that matches their academic year. This ensures that their properties are not left empty outside of term time. However, the Renters Reform Bill has just been introduced to Parliament which plans to abolish fixed-term tenancies in England.  This bill also plans to scrap “no fault evictions”, this means that landlords will only be able to evict tenants under certain circumstances. For example, if a landlord is selling the property. This means that all fixed term tenancies will be replaced with a rolling tenancy which means there is no fixed end date and rent is paid monthly or weekly. This change also means that tenants will only need to give two months’ notice to leave a property. Some landlords have stressed that landlords would not be able to guarantee that their properties would be available the following year and if a student left the tenancy early, this could lead to a loss of income if the property is left empty. Universities UK, that represents the sector, has also raised concerns on abolishing fixed term tenancies for students as it could undermine the stability of the sector and it could also reduce the amount of accommodation available to students. A landlord who rents her properties to students, Ms Black has said that she would consider selling her properties if the Bill is not resolved. The bill has not yet been debated by MPs and peers yet and some changes could be made before it is made law in England. It is said that the government is looking at making changes to the bill to make it easier for landlords to let out to students. Blog by Elisee Ricketts Newbold Solicitors [May 2023] The above does not constitute legal advice and any advice should be given by a solicitor taking into consideration your particular circumstances and changes in legislation.

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