INTRODUCING THE RENTING HOMES (WALES) ACT 2016

SAVE THE DATE

On the 1st December 2022, renting will change for almost every tenant and landlord in Wales.

This is “Implementation Day” when the Renting Homes (Wales) Act 2016 comes into force.

WHAT’S DIFFERENT?

COMMUNITY AND PRIVATE LANDLORDS

There will now only be two types of Landlords – Community and Private Landlords. The distinction will be clear.

TENANTS ARE NOW CONTRACT HOLDERS

Tenants and licensees are known as “Contract Holders” in the new Act. Contract Holders will have to be issued with a written occupation contract.

WRITTEN OCCUPATION CONTRACTS

All tenants (and licensees) will now have to have a written occupation contract.

FITNESS FOR HUMAN HABITATION TEST

Landlords must ensure properties are fit for human habitation (FFHH). This will include, for instance, electrical safety testing and ensuring working smoke alarms (connected to each other and the mains) and carbon monoxide detectors are fitted. In addition, rent will not be payable for any period during which the dwelling is not fit for human habitation. LL must keep the structure and exterior of the property in repair and keep installations for the supply of water, gas or electricity, for sanitation, for space heating, and hot water in repair and in good working order.

NO MORE RETALIATORY EVICTIONS

If a landlord issues a ‘no fault’ possession notice in response to a request for repair (currently, commonly known as retaliatory eviction), the court can refuse to make a possession order and it will not be possible for the landlord to issue a further ‘no fault’ notice until 6 months later.

EASIER TO ADD OR REMOVE JOINT CONTRACT HOLDERS

A joint contract-holder will be able to leave a contract without ending the contract entirely and New joint contract-holders can be added without having to end the current contract and start another one. It will also be the case that as long as one joint contract holder still lives at the property that does not lead to breach of contract. This is ostensibly designed to help more in community cases, or perhaps in situations of domestic abuse or relationship breakdown.

ADDITIONAL SUCCESSION ROUTES

There will be Enhanced and additional succession rights. These rights enable both a ‘priority’ and ‘reserve’ successor to succeed to a Secure occupation contract (So the community sector). This allows two successions to the contract to take place, for example a spouse followed by another family member. In addition, a new succession right for carers is created.

LISTEN TO THE AUDIO FOR THIS PAGE BELOW: