A new N5B Wales form and notes has been released.
This is form is now 16 pages must be signed by the landlord or their legal representative when apply for possession of a property after serving one of the following notices:
- Section 171 to bring a possession claim under section 170(landlord’s notice following contract-holder’s notice)
- Section 173 to bring a possession claim under section 178(landlord’s notice)
- Section 186(1) to bring a possession claim under section 186(5) (landlord’s notice in connection with end of fixed term of contract within Schedule 9B) or, in the case of a converted contract, paragraph 25B(2) of Schedule 12 to bring a possession claim under paragraph 25B(6) of Schedule 12
- Section 192 to bring a possession claim under section 191(landlord’s notice following contract - holder’s notice on break clause)
- Section 194 to bring a possession claim under section 199(landlord’s break clause where the fixed term standard contract is made for a term of two years or more or is within Schedule 9Cof the Renting Homes (Wales) Act 2016)
Please see here for the links to the new N5B form and the N5BA Notes
Fitness for Human Habitation guidance has been updated, regarding Inspection and testing of electrical installation. The following paragraphs have been added to the guidance
A landlord is required to have the electrical installation of the dwelling tested every five years unless the requirements of the previous EICR indicate a shorter testing interval is required. Where a shorter interval is recommended the five-year period will not apply and a future test must be undertaken at there commended interval. Failure to do so will mean the dwelling is considered unfit for human habitation. The current EICR must be made available to the contract-holder within 14 days of the occupation date. Where a PIT (periodic inspection and testing) is carried out after the occupation date the EICR must be provided to the contract-holder within 14 days of the inspection date. In addition, a landlord is also required to provide the contract-holder written confirmation of all investigatory and remedial work carried out on the electrical installation. This written confirmation must be provided to the contract-holder within 14 days of the occupation date. Where investigatory and remedial work is carried out after the occupation date the written confirmation must be provided within 14 days of the landlord receiving this confirmation.
A dwelling which is subject to an occupation contract which converted from an existing contract on the date of implementation will not be subject to the requirements of PIT for a period of twelve months from the date of conversion. This exemption will no longer apply to the dwelling should the converted contract end.
Please see here for the link
There was recently a consultation held regarding whether the two month notice period for a converted periodic and fixed term Occupation Contracts could remain or if it would default to a six month notice period.
Senedd have confirmed the result, is if a notice has not been served to the contract holder before 01 June 2023, the landlord will lose the two month notice period and the notice period will automatically default to six months.
Please see here
for the consultation outcome
Guidance for Fitness of homes for human habitation: guidance for landlords - Update
The have been a few minor changes to the guidance.
- Request a safe and well visit. Has replaced get a free smoke alarm
- AN EICR (Electrical Installation Condition Report) that covers the whole of a newly built dwelling is now acceptable
- AN EIC (Electrical Installation Certificate) that covers the whole of a newly built dwelling is now acceptable
This only guidance and we are waiting for updated regulations. Please see here
for the guidance.
Further regulations have been produced which are:
The Renting Homes(Fitness for Human Habitation) (Wales) (Amendment) Regulations 2022 - These regulations confirm a landlord must produce a contract-holder a copy of the electrical condition report that complies with the 18th edition 14 days from the occupational date, or when the report has ben completed for existing contracts or when works have been investigated and completed.
Instead of 7 days as previously stated in The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.
Please see here
for the link
The Renting Homes(Wales) Act 2016 (Consequential Amendments to Secondary Legislation)(Amendment) Regulations 2022 - These Regulations correct technical and typographicalerrors in the 2022 Regulations.
Please see here for the link to the regulations
The Renting Homes (Rent Determination) (Converted Contracts) (Wales)(Amendment) Regulations 2022 - These Regulations correct technical and typographical errors in the 2022 Regulations.
Please see here for the link to the regulations
The Renting Homes(Wales) Act 2016 (Commencement No. 2 and Consequential Amendments) Order 2022
This order confirms the appointed day of 01 December 2022, section 239 Rent Smart Wales 2016 as to when assured, secure and other tenancies will be know as occupation contracts.
Please see here
for the link to the order.
The Welsh Government released a statement yesterday evening to confirm Renting Homes (Wales) Act 2016 that was due to come into force from 15 July 2022, has now been deferred until 01 December 2022. This means tenancy agreements and notice periods will remain the same for the time being. Compliance with the Fitness for Human Habitation requirements will not be required until 01 December 2022. We would however strongly recommend that electrical safety checks are carried out and that smoke and carbon monoxide alarms are installed regardless as this will still be a requirement albeit a bit delayed. It also ensures the landlords are being diligent in ensuring their properties are safe and that they follow Rent Smart Wales best practice.
Please see below for the links to the written statement
Five new pieces of regulations have been issued they are -
The Renting Homes (Supported Standard Contracts) (Supplementary Provisions) (Wales) Regulations 2022. These regulations state what needs to be included into a standard contract which the contract holder must adhere to. Please see here
The Renting Homes (Supplementary Provisions) (Wales) Regulations 2022. These regulations define the types of contracts which are either, occupation, secure or standard contracts and what is to be included. Please see here for the regulations
The Renting Homes (Explanatory Information for Written Statements of Occupation Contracts) (Wales) Regulations 2022. These regulations confirm when a written statement should be issued to a contract-holder, how a landlord can obtain the property as well as defines anti social behaviour for the contract holder or anyone that lives in the property or visitors. Please see here for these regulations
The Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022. These regulations provide a prescribed written statement for a secure occupation contract, a periodic standard contract and a a fixed term standard occupation contract for a term of less than seven years. Please see here for these regulations
The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022. This regulations define what is considered as fitness for human habitation. Also as I read it all smoke alarms and carbon monoxide alarms must be present hardwired and smoke alarms must be hard wired. Also a electrical condition report must be carried out by a qualified person. The report is valid up to 5 years. The landlord must issue a copy of the report to a contract holder within seven days. Please see here for the regulations
15 July 2022 all tenancies in Wales will default to a social rented it will be a "secure contract" and for private rented tenancy it will be a "standard contract". Landlords must ensure homes are fit for human habitation and any abandoned properties can be repossessed without the need of a court order.
For the guidance for landlords please see here
and the guidance for tenants here
The Welsh Government have released a written statement which confirms the implementation of the Renting Homes (Wales) Act 2016. This will come into force on 15 July 2022. One of the changes will mean for a six month contract, if the contract-holder is not at fault
a landlord cannot serve notice for possession within the first six months, and the notice must be six months.
Guidance will be released on 14 January but for the meantime please see the written statement here