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 1st December 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 1st December 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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OUT WITH THE OLD AND IN WITH THE NEW -Occupation Contracts (Wales)
THE RENTING HOMES (WALES) ACT 2016 – OCCUPATION CONTRACTS
The Act are not yet in force. However, it is anticipated that provisions in the Act will be introduced in Spring of 2022.
Once enacted, there will be a number of changes to tenancy laws in Wales. This article deals briefly with the anticipated changes to residential landlord and tenant agreements.
Most current tenancies – those on an assured short-hold or assured tenancy will be replaced.
An assured short-hold tenancy is to be the standard contract.
An assured tenancy would be replaced by a secure tenancy.
There will be “model contracts” available .
Some of the terms in these contracts will be mandatory . They cannot be removed or altered.
Other terms may be altered and removed on the proviso that both parties agree – BUT – only if the alteration or removal improves the position of the tenant (the contract holder).
All occupation contracts must be in writing .
If the Landlord fails to provide a written agreement (standard or secure contract) the tenant will be permitted to claim back up to 2 months rent plus interest, calculated on a daily rate.
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://www.propertymark.co.uk/asset/38F553DC-FF0B-48A4-A17D6AA0E2D23573/
This article is for information purposes only and does not constitute legal advice. Please contact us for advice.
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Is there still a ban on residential eviction in England?
Due to the outbreak of Covid-19, the Coronavirus Act 2020, provided tenants, in the rented sector, with protection from eviction, to pevent a homelessness crisis. Tenants received an extension to the notice periods, when a landlord tried to recover possession of their property. The Government also prevented evictions from being enforced by bailiffs. However,the ban on eviction enforcement in England came to an end on 31 May 2021. This article explores the ban being lifted and the impact of the ban being lifted.
Lifting of Eviction Ban
In England, bailiffs will be able to enforce evictions from 1 June 2021. However, if someone in the property, has Covid-19 symptoms, or is self-isolating, bailiffs will not be able to enforce evictions. Landlords will only need to give four months’ notice of eviction, as opposed to six months’ notice, that was required since the start of the pandemic. Subject to the Government’s roadmap, it is likely that from 1 October 2021, two months’ notice periods will return. Notice periods for serious cases will remain lower: domestic abuse (2 to 4 weeks’ notice), anti-social behaviour (immediate to 4 weeks’ notice), death of a tenant (2 months’ notice), false statement (2 to 4 weeks’ notice), 4 months’ or more accumulated rent arrears (4 weeks’ notice), breach of immigration rules (2 weeks’ notice). From 1 August, where there is less than 4 months’ unpaid rent, notice periods should reduce to 2 months’ notice.
Impact of the Ban being Lifted
Many councils are warning that the ban being lifted will result in a wave of homelessness, costing a potential £2.2 billion. A study by Shelter, found that 72% of private renters in England, are worried about losing their home, and are already cutting back on heating and food to pay rent. However, tenants still have access to the furlough scheme, and a £20.00 per week uplift in Universal Credit, which the Government has extended until 30 September 2021. Also, evictions will not be enforced if someone in the property has Covid-19 symptoms or is self-isolating. This caveat could prompt a tenant to feign Covid symptoms to prevent enforcement action from a bailiff, and stay in the property. Whilst the ban has been lifted, the ban has not been lifted completely.
Conclusion
The true impact of the ban being lifted is yet to be seen. It is clear that the narrative has been very tenant-centric but more consideration needs to be given to landlords. The Ministry of Housing, Communities and Local Government stated that 45% of private landlords own one property, and are extremely vulnerable to rent arrears. Landlords have outgoings, such as mortgages and bills. There needs to be a consideration of the need for landlords to access justice, and their financial plight, as a result of the Covid pandemic. Specialist legal advice from MLS will be needed by landlords, who seek to evict their tenants, as the eviction ban has not been lifted absolutely.
This article does not constitute legal advice. The law relating to landlord and tenant matters changes rapidly. Please ring us for an up to date legal advice on 01244 478 730
Photo by Toa Heftiba on Unsplash
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