Renting in Wales and the Renting Homes (Wales) Act 2022 – What Landlords Must Know
November 18th, 2022
The Renting Homes (Wales) Act 2016 is a new housing law coming into force in December 2022. The Act will come into force, with the aim to make renting easier for everyone. The law brings various changes across the rental process, including new occupation contracts, changes to evictions and increased safety requirements for rental properties.
Its aim is to ‘make renting easier for both landlords and tenants, clarifying rights and responsibilities and increasing protection for renters.
Renting Homes (Wales) Act 2016 received Royal Assent on 18 January 2016 which provides additional obligations for landlords and letting agents around the condition of their properties. The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 and subsequent amendments provide further details on the new obligations.
Landlords will be split into two types. Registered social landlords and local authorities will be referred to as community landlords. All other landlords will be deemed private landlords.
Tenants and licensees will now be collectively referred to as “contract-holders” and will have an occupation contract. There are two types of occupation contracts:
Standard contract
This will be the default contract for private landlords (but can be used by local authorities or social landlords in certain situations).
Secure contract
For community landlords.
So, what will these new contracts do compared to current tenancy agreements?
It’s all about the terms.
Key terms
The names and addresses of all parties and must be included in every contract.
Fundamental terms
The legal requirements and procedures that apply to the contract, such as eviction processes and the landlord’s safety responsibilities. (Your safety certificates, legal eviction notices etc.)
Supplementary terms
Related to practical, day-to-day matters. So, for example, the contract-holder must notify the landlord if the property is going to be empty for longer than a month.
Additional terms
Terms that relate specifically to this contract, such as keeping pets or parking restrictions. These terms must be reasonable and fair, in line with the Consumer Rights Act 2015.
The occupation contract will be set out in a written statement and must be signed. Landlords (or their lettings agents) are responsible for presenting the written statement to all contract-holders.
What do you need to do?
Landlord’s obligation to keep the property in repair Landlords must always keep the dwelling in repair and ensure that the structure and exterior of the building along with all service installations in the property are kept in repair.
For properties that only form part of a building, this rule only applies for the exterior and service installations where the landlord has an estate or interest, and service installations that are owned by the landlord.
Repairs must be conducted within a reasonable time frame and to a reasonable standard as soon as the landlords is aware of the need for repairs.
Fit for human habitation
From the start and throughout the duration of the Occupation Contract, the landlord must ensure their property is fit for human habitation. This includes resolving any of the circumstances under the “Determining fitness for human habitation heading” and preventing any likelihood of any of them occurring.
NOTE: This responsibility extends to the common parts of a property and where landlord is the owner of or is responsible for them.
What determines fitness for human habitation
The following is a list of factors that landlords must consider when evaluating fitness for human habitation.
- Exposure to house dust mites, damp, mould or fungal growth
- Exposure to excessively low temperatures
- Exposure to excessively high temperatures
- Exposure to asbestos and manufactured mineral fibres
- Exposure to chemicals used to treat timber or mould growth
- Exposure to carbon monoxide, nitrogen dioxide, sulphur dioxide and smoke
- The ingestion of lead
- Exposure to radiation
- Exposure to uncombusted fuel gas
- Exposure to volatile organic compounds
- A lack of adequate space for living and sleeping
- Difficulties in keeping dwelling secure against unauthorised entry
- A lack of adequate lighting
- Exposure to noise
- Poor design, layout or construction such that the dwelling cannot readily be kept clean
- Exposure to pets
- Inadequate provision for the hygienic storage and disposal of household waste
- Inadequate provision of facilities for the storage preparation and cooking of food
- Inadequate provision of facilities for maintaining good personal hygiene, sanitation and drainage
- An inadequate supply of water free from contamination, for drinking and other domestic purposes
- Inadequate provision to minimise the risk of falls associated with toilets, baths, showers and other washing facilities.
- Inadequate provision to minimise the risk of falling on a surface
- Inadequate provision to minimise the risk of falling on stairs, steps or ramps
- Inadequate provision to minimise the risk of falling from one surface to another (such as falling from height)
- Exposure to electricity
- Exposure to uncontrolled fire and associated smoke
- Risk of contact with controlled fire or flames and hot objects, liquid or vapours
- Risk of collision with, or entrapment of body parts in doors, windows or other architectural features
- Risk of an explosion at the dwelling
- Poor accessibility or operation of amenities, fittings and equipment
- Risk of structural collapse of whole or part of the dwelling, including falling elements.
Smoke alarms
Landlords must ensure that, during each period of occupation, there is at least one smoke alarm on each floor of the property. The smoke alarm must be in proper working order, connected to the property’s electrical supply and linked to every other smoke alarm in the property which is connected to the electrical supply.
Carbon monoxide alarms
Landlords must ensure that a carbon monoxide alarm is in proper working order in any room (including a hall, landing or corridor) which has a gas appliance, oil fired combustion appliance or solid fuel burning combustion appliance installed.
It is advised that carbon monoxide alarms are placed below any smoke/ fire alarms and are replaced more regularly due to being more fragile than smoke alarms.
The Regulations do not stipulate whether the carbon monoxide alarms should be battery powered or connect to the property’s electrical supply.
If any of the alarms are not in place or not in working order, the dwelling will be considered unfit for human habitation.
Electrical safety
Landlords are required to have the electrical installation of the property tested every five years unless specified with the Electrical Inspection Condition Report. The test must be conducted by a qualified person e.g., a registered electrician and the report is valid until the end of the five-year period beginning with the day on which the electrical safety inspection was carried out.
If an inspection takes place during the tenancy, the tenant must receive a copy of the report within 14 days that the inspection was completed. Similarly, the tenant must be informed of any works that will need to take place within 14 days of the landlord receiving confirmation.
Failure to meet these requirements will lead to the dwelling being unfit for human habitation.
What happens next?
For new rental contracts after December 2022, the written statement must be issued to the contract-holder within 14 days of occupying the property.
Existing agreements will automatically convert to the relevant occupation contract on 1 December. Landlords and lettings agents have a maximum of 6 months to issue a written statement of the converted occupation contract to their contract-holders.
For a comprehensive no commitment chat, contact our experts to discuss the changes and what you need as a landlord – book into one of our Landlords Surgeries or call us to schedule a 1-to-1 consultation.
