RENTING HOMES (WALES) ACT 2016. WELSH LANDLORD’S – TIME TO SHAPE UP OR PAY UP!!!
The Renting Homes (Wales) Act 2016 is due to come into force on the 15th July 2022.
Landlords and Agents need to be aware of the serious financial repercussions for non-compliance.
Non-compliance means that your tenants (contract holders) are legally entitled to pursue you in the Courts for financial compensation should the new legislation be breached.
As of 15th July 2022:
- The tenant becomes the contract holder.
- The tenancy agreement becomes the occupation contract .
- Any existing assured short-hold/secure tenancy agreement or licence will convert to an occupation contract.
Compensation/damages is payable by the landlord if he or his agents:
- Fail to give the contract holder a written statement within 14 days from the occupation date specified in the occupation contract.
- Fail to provide a complete written statement.
- Fail to provide a correct written statement.
- Fail to provide a written statement in respect of a conversion from assured short-hold etc; to occupation contract.
- Fail to provide information in relation to the landlord – the landlord’s identity and address.
- Fail to provide information in relation to a change of identity of a landlord and their address.
- Fail to provide a written statement of variation of a periodic standard contract.
- Failure to provide a written statement of variation of a fixed terms standard contract.
Examples of compensation/damages
Failure to provide written statement – compensation is payable in accordance with section 87 of the Act and is equivalent to a day’s rent for each day that the written statement is not provided, up to a maximum of two month’s rent until the statement has been provided.
However, If the contract-holder believes the failure to provide the written statement was intentional, section 87 also enables the contract-holder to apply to the court for the compensation amount to be increased.
Interest will be added to the compensation amount if the landlord fails to provide the statement within the two month period.
Section 88 enables the contract-holder to set off any compensation he or she is owed against rent.
Failure to provide a complete written statement of the contract – the contract-holder may apply to the court for a declaration. If the court concludes that the provision of an incomplete statement was deliberate on the part of the landlord it can order the landlord to pay compensation to the contract-holder and that compensation may be increased up to a maximum of double the original amount.
MLS
Here at MLS we are regularly instructed by landlords to advise on compliance and possession claims. If you have any questions please contact us on 01244 478 730 and we will be happy to help.
Useful Links
https://gov.wales/landlords-housing-law-changing-renting-homes
This article is for information purposes only and does not constitute legal advice. Please contact us for advice.
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What is “no-fault divorce” and is it better?
No fault divorce
- Shifting from blame game to a modernised way of doing things
The current law on divorce has been considered archaic and problematic for a while by legal professionals. It has been argued that the existing rules have created further problems between couples, as matters can escalate into a blame game and can get quite messy. This was the main reason for The Divorce, Dissolution and Separation Act 2020 being passed. The Act aims to modernise the way divorces are carried out and to place importance on issues such as property and children rather than the individuals separating.
The current law on divorce
In order to be granted a divorce in England and Wales, you would need to convince the court that the marriage has ‘irretrievably broken down.’ However, if a couple has been living separately for the past two years, it is a lot easier to show this.
What does the court look for when granting a divorce?
There are five legal reasons which can be used when applying for a divorce, these include:
- Adultery
- Citing unreasonable behaviour
- Desertion
- Living apart for at least two years and both parties agree to the divorce
- Living apart for at least five years, regardless of whether one party disagrees
How have the rules changed since?
The new law will come into effect on 6 April 2022 and intends to simplify the process for couples looking to divorce.
Reason for divorce- One of the major changes include taking away the need to blame the other party for an ‘irretrievable breakdown of marriage.’ Put simply, divorce can be granted by stating that the marriage has broken beyond repair, as the five reasons for divorce have been removed.
20 weeks minimum timeframe- There will now be a minimum of 20 weeks waiting time between an application and a conditional order being granted. This will allow couples some time to reflect on their decision and provide them with the space they need to see if they can work through their differences or not.
Joint application for divorce- Couples can now apply for divorce together which should result in less conflict.
Clear terminology- The new Act has been updated to remove outdated words, for example, the person applying for the divorce will now be known as an ‘applicant’ rather than a ‘petitioner.’
No option for contesting a divorce- Under the new law, if one party applies for divorce, the other cannot contest this.
Why have the laws changed?
The biggest issue with the current system is that one party must take the blame for the marriage breaking down. This has caused huge problems between couples and delayed matters. Also, in situations where one party no longer wants to stay in the marriage but the other refuses to accept this has also contributed to the length of time it takes to obtain a divorce. By removing the blame altogether and the ability to challenge the divorce, the new law will be able to shorten the time it takes to get divorced and make it a less stressful procedure for those involved.
How much will a divorce now cost?
At MLS, we understand that divorce can be an emotionally and financially challenging time. This is why we will always try to offer a fixed fee and you can have a free initial consultation to see if that would be possible in your particular circumstances.
Please see out price transparency section here to find out more
This article is for information purposes only and does not constitute legal advice. Please contact on 01244 478 730 or email us at hello@my-local-solicitor.com to book your free consultation.
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Six-month notice periods extended in Wales and why landlords should act now.
Welsh Landlords – the requirement for Landlords to provide 6 months notice to occupants who are protected tenants, statutory tenants, secure tenants, assured tenants, assured shorthold tenants , introductory tenants and demoted tenants (except where those notices relate to anti-social behaviour or domestic violence) is EXTENDED once more to 24 March 2022.
This extension is NOT applicable to English Landlords.
We are sure that a renewed extension period will be both heart-breaking and frustrating for many Landlords across Wales. However, Landlords do not have to wait to take positive legal action.
Landlords should seriously consider serving their tenants with either a s21 notice or a s8 notice. Actual receipt of the notice correctly drafted and served with an appropriate letter from your solicitor, could provide the catalyst for tenants leaving the property without the necessity and expense of issuing court proceedings.
An extension to the notice period for eviction is not a waiver of the tenants contractual responsibilities to pay the rent.
Landlords are reminded that there is no defence (provided the s21 notice is correctly drafted) to obtaining possession of a property should possession proceedings be initiated. Furthermore, the tenant could be responsible for the legal costs of the Landlord.
If Landlords rely on a s8 notice served on their tenants as a first step initiating possession proceedings, the tenant will not only be ordered to leave the property but also be held responsible for all outstanding rent arrears and legal costs.
Government Support
To help prevent people getting into financial hardship, there has been an increase in the local housing allowance (LHA) as of in April 2020 to the 30th percentile of local market rents.
For 2021-22 the Government has made available £140 million in Discretionary Housing Payments funding for local authorities in England and Wales to distribute to help support vulnerable people with housing costs.
In Wales there is a Tenancy Hardship Grant. The tenant must have experienced financial hardship due to the Covid-19 pandemic and have been unable to pay their rent. (Previous blog on website).
MLS
Here at MLS we are regularly instructed by Landlords to advise on compliance and possession claims. If you have any questions please contact us on 01244 478730 and we will be happy to help.
Useful links
https://senedd.wales/media/1hgjene1/sub-ld14557-e.pdf
By Elaine Gunning
This article is for information purposes only and does not constitute legal advice. If you require assistance please do not hesitate to contact us on 01244 478 730 or email us on hello@my-local-solicitor.com
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The Increase of Family Law Court Fees
The Increase of Family Law Fees
The introduction of the Court Fees (Miscellaneous Amendment) Order, will mean an increase in costs, of some Family Court applications, from the 30th September 2021. The fee increase is a result of a Ministry of Justice consultation, which found that court fees only brought in a net income of £724 million in 2019/2020, compared to the £2 billion running costs of HM Courts & Tribunals Service. The government argue these are inflationary increases. This article will explore some of the court fee increases.
Divorce Court Fee Increases
There has been an increase from £550 to £593 for filing a petition for a divorce, nullity or civil partnership dissolution. An increase from £50 to £54 will apply for an application for a Decree Nisi, conditional order, decree of judicial separation or a separation order. There will also be an increase from £50 to £53 for an application for an agreed consent order. An application for a financial remedy order will rise from £255 to £275. An application in existing proceedings on notice has been increased from £155 to £167. Making a request for a copy of a document from the court will rise from £10 to £11. However, there is no fee for a Non-Molestation or Occupation Order application.
Children Court Fee Increases
Under the Children Act 1989, an application for a child arrangements order, specific issues order, prohibited steps order, parental responsibility or financial provision for children, will rise from £215 to £232. An application for a section 8 order, enforcement order, compensation for financial loss, change of a child’s surname or removal from jurisdiction while a child arrangements order is in force, special guardianship order, secure accommodation order, contact with child in care order, education supervision order,variation or discharge of care and supervision order, child assessment order, emergency protection order, and recovery order will all increase from £215 to £232. An application under section 31 of the Children Act 1989, for care and supervision orders, will increase from £2,055 to £2,215. An application under section 22 of the Adoption and Children Act 2002, for a placement order, will increase from £455 to £490.
Conclusion
Fee increases could potentially reduce access to legal services but a free initial consultation with MLS, could guide you in the right direction. At MLS we can assist with myriad of family law issues, give us a call to find out more.
This article is for the information purposes only and does not constitute legal advice. Please contact us on 01244 478 730 to speak with one of our excellent family law solicitors.
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New Safety Rules for Residential Landlords – April 2021 – What does it mean for Tenants and Landlords? (by Jessie Smith)
The new Electrical Safety Standards in Private Rented Sector (England) Regulations 2020 came into force on the 1st April 2021 and require private sector landlords to monitor the safety of the electrical systems in their properties as well as making any necessary inspections and improvements.
What are the duties of Landlords under the New Safety Rules?
- Electrical instillations to be inspected and tested at least every five years followed by a copy of the safety report to go to the tenant within 28 days.
- Ensure that national standards for electrical safety are met.
- A safety report should also be given to a new tenant before they move in.
- A copy of the report must be sent to any local authority within 7 days of request.
- Complete any remedial or further investigative work shown by the report within 28 days or less if specified by the inspector.
What are the affected properties?
- Regulations apply to all private tenants who pay rent and occupy the property. They also apply to properties which are occupied by multiple parties who share facilities.
Who will enforce the Regulations?
- Local Authorities can enforce the new safety rules if they have reasonable grounds to believe that a landlord is in breach of the rules.
- If this is the case, the Local Authority will serve the landlord with a remedial notice and if this is not complied with the authority can step in to arrange a completion of the necessary work and then they will recover the cost from the landlord.
- Local Authorities also have the power to impose a penalty on the landlord for the breach of regulations ( with a notice of intent ) which the landlord has the right to appeal within 28 days of the notice.
Who can carry out the Inspections?
Inspections must be carried out be a qualified professional. Landlords can choose an inspector who is a member of the Competent Person scheme established by the electrical safety industry however the landlord can also choose a non-member and have them sign a checklist to verify their qualifications. Fixed electrical parts of the property such as wiring, and sockets must be inspected although the new rules do not apply to appliances such as refrigerators or cookers, but these still should be regularly checked.
Issues an inspector would be looking for include:
- Fire hazards
- Electrical shock risks
- Defective electrical work
MLS
Here an MLS we are regularly instructed by landlords to advise on compliance and possession claims. If you have any questions please contact us on 01244 478 730 , we will be happy to help.
Useful links:
https://www.legislation.gov.uk/ukdsi/2020/9780111191934
This article is for information purposes only and does not constitute legal advice. Please contact us for advice.
Photo by Sonia Kuniakina on Unsplash
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