A new lettings regime that is described as the biggest change in many decades comes into effect tomorrow in Wales, with Propertymark issuing new tenancy documents called Occupation Contracts.
The Renting Homes (Wales) Act, coming into force tomorrow - December 1 - includes an increase in the notice landlords must give when issuing evictions and protection for tenants from evictions for a minimum of 12 months after signing a contract.
Under the new rules all landlords will be required to provide a written copy of the occupation contract to the tenant, setting out the rights and responsibilities of both parties; there will be a strengthened duty on landlords to ensure the property is fit for human habitation, including the installation of smoke alarms and regular electrical safety testing; and the introduction of a consistent approach to eviction where antisocial behaviour and domestic violence occurs.
In response to this Propertymark is providing member agents with new model Occupation Contracts.
Six model Occupation Contracts are now available for Propertymark members depending on the deposit scheme being used and whether they are being used to convert existing contracts into fixed-term or periodic contracts. They have been written by Dutton Gregory Solicitors, which runs the ARLA Propertymark legal helpline, and can be used by agents with added confidence as they have been reviewed by Rent Smart Wales, the body that will ensure compliance with the new legislation.
Propertymark’s policy team has also produced a series of downloadable factsheets that will explain all the changes the Renting Homes (Wales) Act will introduce. Topics covered include the new Occupation Contracts; Written Statements; succession rights; joint contracts and joint landlords; ending a contract; Fitness of Homes for Human Habitation and repair obligations; break clauses; retaliatory evictions.
Tim Thomas, policy and campaigns officer at Propertymark, says: “The Renting Homes (Wales) Act updates and brings together a number of complex pieces of legislation into a single framework and it is essential agents understand the impact themselves and help their landlords to do so too.
“One of the key elements is the new Occupation Contracts. They are crucial to ensuring agents comply with the new legislation and the different versions we are making available to all of our members can be used with the additional confidence of having been reviewed by Rent Smart Wales.”
Almost seven years since gaining Royal Assent, the Act will be implemented on 1 December 2022, bringing in significant changes to the way homes are rented, managed, and lived in that will have an impact on letting agents, landlords and tenants.
As part of the ongoing support it has been providing to members and non-members, a FREE webinar was hosted with Simon White,
The model Occupation Contracts can be downloaded by members along with the other resources from Propertymark’s dedicated Renting Homes (Wales) Act website page at www.propertymark.co.uk/membership/knowledge-hub/renting-homes-wales-act.html
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Just because this is happening in Wales don't ignore it...
I believe its only a matter of time before similar heavy-handed, ill-considered and of course totally counter-productive "nanny-state" legislation is forced on us all in England too - I'm thinking particularly of the mandatory 12-month notice period for landlords wanting to end a tenancy, but also about various other anti-landlord measures that have been slipped into the "Occupation Contracts".
Take a look in Gove's Rental Reform White Paper on the Government's website - just Google "a-fairer-private-rented-sector" (and note the political doublespeak) to find it. Read carefully, especially between the lines, and you'll soon notice a lot of things hinted at that I expect will be steamrollered through when the time comes and the Government feels confident (or desperate) enough.
You Have Been Warned!
This is supposed to make things simpler for the tenant - sorry, Contract Holders - but they must be having a laugh. The new model agreements are ridiculously long. Tenants - sorry, Contract Holders - don't read them at the best of times. If you want to remove any of the supplementary terms you have to leave them in the main body but then repeat them in appendix 2 as clauses that do not apply, making it even longer and harder to read.
And why are they Contract Holders and not tenants any more? Surely the landlord is a contract holder too, so why are they still called landlords? Funnily enough I see in the Welsh government's guidance, they still slip in to calling them Tenants at least once :)
So we now have “contracts” so holding the other party responsible for breach of contract should theoretically be more clearer to the courts. Yeah fat chance.
This is classic communisum. Further property mark are sliding into becoming a landlord regulatory body.
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