The Renting Homes (Wales) Act 2016 - In Force From Thursday 1st December 2022

The Renting Homes (Wales) Act 2016 is an Act of the National Parliament for Wales that received Royal Assent on 18 January 2016.

The legislation builds on the Housing Act (Wales) 2014 and makes several key changes to housing law in Wales.

The Welsh government has published a checklist of actions landlords must take to comply.

We will need to adapt to new Jargon such as a 'Tenant' will become known as a 'Contract Holder' and an 'Assured Shorthold Tenancy (AST)' will be replaced with a 'Written Statement of Occupation Contract'.

'Converted Contracts' are tenancy agreements already in place before 1st december 2022 that need upgrading to the new rules.

The Occupation Date' PKA the 'Tenancy Start Date' is the day the contract-holder moves in.

CHECKLIST FOR LANDLORDS

FAQs

What should landlords include in a written occupation contract?

The contract is a rewritten tenancy agreement. The written statement includes the terms of the occupation contract and explanatory information. The written statement can also provide other documents, such as the prescribed form RHW2 (landlord address), deposit information and safety certificates. Subscribers can download written statements of occupation contracts for free.

Can I edit legislated terms?

Some terms can be edited, but alterations must be agreed upon with the contract-holder.

Must landlords provide inventories on moving in

Under the legislated supplementary term, an inventory must be offered even if the home is unfurnished. However, it’s possible to amend this term as we have in Tenancy Builder, so it is up to you if you supply an inventory (the contract-holder must agree to the change).

What is Landlord’s Notice?

Landlord’s Notice is similar to a Section 21 no-fault eviction. The new notice is under Section 173 of the Welsh Act.

Under the notice, if a tenancy agreement was signed before 1st December and is periodic on the 1st December, a two-month notice applies until 31 May 2023. After that, six months' notice is required.

For contracts starting on or after 1st December, notice is six months.

Remember, for a new contract from 1st December, a no-reason notice cannot be served during the fixed term of an occupation contract. This means a contract-holder who has not broken the terms of their agreement can stay in their home for at least 12 months.

What if Section 21 proceedings have already started?

The contract will convert automatically on 1st December, but the Section 21 proceedings may continue. However, the notice only has a shelf life of 2 months from the commencement of the Act or two months from the expiry of the notice, whichever is later.

What if section 8 proceedings have already started?

Once the Act commences, the section 8 notice only has a shelf life of 12 months from service or six months from commencement, whichever comes first.