The RHW Act was implemented to codify various legislation into one Act.
The aim of the Act is to simplify letting property and also to encourage Landlords to
use one standard document to let their property.
As of 1 st December 2022 occupation contracts as opposed to tenancy agreements
were introduced. From that date, tenants would be referred to as contract holders.
A Landlord has until 31 May 2023 to either convert the tenancy agreement or issue a new occupation contract.
The legal position, therefore, is that Landlords would have the option of either
converting the existing tenancy agreement into an occupation contract or
alternatively granting a new occupation contract to their tenants.
CONVERTING EXISTING TENANCY INTO OCCUPATION CONTRACT
In simplistic terms if a Landlord chose to convert the existing tenancy agreement into
an occupation contract the benefits are:
i. the Landlord is required to provide a statement of terms.
ii. the statement of terms is simply the contractual terms forming the basis of
the occupation contract between the parties. It is an amalgamation of the
new terms and of the old contractual terms.
iii. the occupation holder does not need to sign the statement of terms.
Insofar as the Landlord is able to prove that the statement of terms were
provided to the contract holder, the Landlord meets his legal obligations
under the RHW Act. This deals with potential problems about a contract
holder who is unwilling or refusing to sign the statement of terms.
iv. Rent can be varied but only once a year from the date the rent was last
v. If the Landlord wishes to regain possession of the property the 2 month
minimum notice (Notice of Seeking Possession) is retained, whereas with
new occupation contracts, the minimum notice period is increased to 6
months. However, from the 1 June 2023 the 2 month notice provision
changes to 6 months to bring the notice provisions in line with the legal
position with the granting of new occupation contracts.
vi. The Landlord has until 30 November 2023 to install mains wired smoke
alarms, carbon monoxide detectors and provide an EICR report.
Pembrokeshire Landlords – these are tips and not legal advice