Pembrokeshire Landlords the Renting Homes (Wales) Act 2016 comes into force on the 1st December 2022. Tenants and tenancy agreements are no more. Occupation contracts and contract holders are the new terms. Here are some tips for dealing with the changes if you manage the property yourself.
1. Make sure you are licensed with Rent Smart Wales and make sure the property is
registered with them as well.
2. Go into your Rent Smart Wales account and take the course – either online or classroom-based. (Online is free, classroom-based is about £70).
3. Print off the course notes as a future point of reference.
4. Download the model occupation contract – this must be used for new contracts or for
converting existing tenancy agreements into occupation contracts.
5. Add any additional terms you think are necessary. However, some terms will be
illegal and therefore void – eg – “The contract holder agrees that the bond/deposit
will not be paid into a government-approved scheme and will be held by the Landlord
and returned at the end of the contract “.
6. Make sure you obtain the contract holder’s consent (in writing) that they will accept
service of letters, notices, and documents by email.
7. Post 1 December 2022 – s21 Notices are invalid. New Notices eg RHW23.
8. The property must be fit for human habitation s92 replaces s11 of the Landlord and
Tenant Act 1985.
9. If the intention is not to give the existing tenant a new occupation contract but
convert the tenancy into a contract, you MUST provide them with a statement of
terms of the existing tenancy agreement. This means providing them with an
occupation contract where you have compared the existing tenancy agreement
against the new occupation contract and added terms not included in the occupation
10. Failure to convert – that is to provide a statement of terms – fine/damages for Landlord
of up to 2 months rent and further fine/damages if the omission was deliberate.
Pembrokeshire Landlords – these are tips and not legal advice