The Welsh Government recently announced their plan to implement the Renting Homes (Wales) Act 2016, which is set to come into force from 15th July 2022.
The fact that it has taken some six years to implement the Act, since it was passed by the Senedd evidences the complexities of the legislation, as well as the current workload with which Welsh Government is contending.
What Will the Act Do?
The Act is expected clarify the rental market in Wales, replacing various, complex pieces of legislation with a clear legal framework.
The Act will mean that the requirements for letting properties in Wales will be markedly different than those applicable in England.
It is anticipated that Westminster will closely monitor the success or otherwise of the new Act with a view of implementing something similar in England.
Most noticeably, the Act increases protections for tenants. The notice period that landlords must give in ‘no fault’ evictions will increase from two to six months.
Although in practice this simply solidifies the position taken by the Welsh Government as a result of the coronavirus pandemic.
Furthermore, it will no longer be possible to issue a no fault eviction notice in the first six months of a new tenancy, meaning tenants are protected from such evictions for a minimum of twelve months.
What Does This Mean For Landlords?
Landlords will be required to provide new written contracts, setting out the rights and responsibilities of both parties.
These will need to be sent even where there are existing tenancy agreements in place.
The Act will also allow landlords to legally access abandoned property without the need to apply for a costly court order, provided correct procedures are followed.
A strengthened duty will also be placed on landlords to ensure the property they rent is fit for human habitation and in proper working order.
Further emphasis is placed on landlords to obtain electrical safety certificates and to ensure that their properties contain fire and carbon monoxide alarms.
The Act will also tackle ‘retaliatory evictions’ in circumstances where for example, the landlord serves the tenant an eviction notice after the tenant request repairs be undertaken or complain of poor property conditions.
Are You Ready?
If you rent properties in Wales, you will need to learn about the new landlord and tenant law before they come into force and make sure that your properties are being rented in compliance with the new Act.
To help you get your preparations underway, we are offering a free fact sheet setting out how the Act will impact you. We are further offering fixed fee appointments should you wish to discuss any of these matters with us. For further information please contact Howell’s landlord and tenant team at litigation@howellslegal.com.
