The way you rent is changing - for tenants and landlords.
The Renting Homes Act is the biggest change to housing law in Wales for decades.
From 1 December 2022 the Renting Homes (Wales) Act 2016 will change the way all landlords in Wales rent their properties. It will improve how we rent, manage and live in rented homes in Wales.
Who is affected by the new law?
All social and private tenants will see some changes:
- in the way their contracts are provided
- in the way their homes are maintained
- to how they communicate with their landlords
All social and private landlords, including those who rent their properties through management companies or agents, will need to:
- comply with the new law
- make the necessary updates to their properties and paperwork
What does it mean for me?
Tenants
Under the new law, tenants and licencees will become 'contract-holders'. Tenancy agreements will be replaced with 'occupation contracts'.
The new law will make renting easier and provide greater security.
For contract-holders this will mean:
- receiving a written contract setting out your rights and responsibilities
- an increase in the ‘no fault’ notice period from two to six months
- greater protection from eviction
- improved succession rights, these set out who has a right to continue to live in a dwelling, for example after the current tenant dies
- more flexible arrangements for joint contract-holders, making it easier to add or remove others to an occupation contract
Landlords
For landlords this will mean:
- A simpler system, with two types of contract: ‘Secure’ for the social rented sector and ‘Standard’ for the private rented sector
- Ensuring homes are fit for human habitation (FFHH). This will include electrical safety testing and ensuring working smoke alarms and carbon monoxide detectors are fitted
- Abandoned properties can be repossessed without needing a court order.
Has the law changed in relation to smoke alarms?
Yes. The new requirements are set out in the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.
Regulation 5 says that: (1) The landlord must ensure that, during each period of occupation, on each storey of the dwelling there is a smoke alarm which is:
- in repair and proper working order,
- connected to the dwelling’s electrical supply, and
- linked to every other smoke alarm in the dwelling which is connected to the electrical supply.
Therefore, whilst it is not a requirement that every smoke alarm at a property is connected to the dwelling’s electrical supply, at least one smoke alarm on each storey of the dwelling must be.
Provided that this requirement is met there is nothing to prevent additional battery powered alarms from being fitted, which (as they are not hardwired) do not have to be interlinked.
For new contracts which begin on or after 1 December 2022 landlords will need to ensure properties they let in Wales comply with these requirements. For tenancies which existed before 1 December 2022 landlords will have 12 months to comply with these requirements (i.e. by 1 December 2023).
Has the law changed in relation to carbon monoxide alarms?
Yes. The new requirements are set out in the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.
Regulation 5 says, amongst other things, that: The landlord must ensure that, during each period of occupation, a carbon monoxide alarm which is in repair and proper working order is in each room of the dwelling which contains a gas appliance, an oil-fired combustion appliance or a solid fuel burning combustion appliance.
The landlord must ensure that a carbon monoxide detector is installed.
Has the law changed in relation to electrical service installations?
Yes. The new requirements are set out in the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.
Regulation 5 says amongst other things, that:
(1) The landlord must ensure that there is a valid electrical condition report in respect of the dwelling during each period of occupation.
Therefore, the electrical service installations must be safety inspected, in accordance with the British Standard BS7671, by a qualified person at intervals of 5 years or sooner where a previous electrical inspection has made such a recommendation. This is known as ‘periodic inspection and testing’ (PIT). A copy of the condition report setting out the results of an electrical safety inspection must be given to the contract-holder. In addition, you must provide the contract-holder with written confirmation of all investigatory and remedial work carried out on the electrical service installation as a result of an inspection.
For more information and guidance on the changes relating to the new law, please visit the Welsh Government website or Rent Smart Wales.