Renting Homes Wales Act for Landlords

What the Renting Homes Act means for landlords

The Renting Homes (Wales) Act 2016 came into force on 1 December 2022, replacing the old system of assured shorthold tenancies with new "occupation contracts". This guide explains what landlords in Wales need to know.

Key changes for landlords

Occupation contracts replace ASTs

The assured shorthold tenancy (AST) no longer exists for new tenancies in Wales. Instead, all private landlords must issue a "standard occupation contract" to their tenants (now called "contract-holders").

Written statement is mandatory

You must provide a written statement of the occupation contract within 14 days of the occupation date. Failure to do so can result in penalties and restrictions on your ability to end the contract.

Longer notice periods

• No-fault possession: Now requires 6 months' notice (previously 2 months under Section 21)
• Rent arrears: 1 month notice for serious arrears
• Anti-social behaviour: 1 month notice

Contract requirements

Fundamental terms

Certain terms are automatically included in every occupation contract. These include:

• The landlord's identity and address
• The occupation date
• The dwelling address
• The rent amount and payment terms
• Landlord obligations for repair

Supplementary terms

These are included by default but can be modified. They cover matters such as:

• Pets
• Alterations to the property
• Joint contract-holders

Additional terms

Landlords can add their own terms, provided they don't contradict fundamental or supplementary terms and aren't unfair under consumer legislation.

Fitness for Human Habitation (FFHH)

All rented properties must meet the FFHH standard from day one. Properties that don't meet this standard cannot be lawfully let. The standard covers 29 hazards including:

• Damp and mould
• Electrical safety
• Fire safety
• Excess cold
• Falls

Abandonment procedure

The Act introduces a formal process for dealing with abandoned properties. If you believe a property has been abandoned, you must:

1. Serve a warning notice
2. Wait 4 weeks
3. Confirm abandonment in writing

This allows you to recover possession without a court order in genuine abandonment cases.

Joint contracts

The Act makes it easier to add or remove contract-holders without ending the whole tenancy. This is particularly useful for:

• House shares
• Relationship changes
• Death of a contract-holder

Succession rights

Contract-holders have limited succession rights. When a contract-holder dies, a priority successor (spouse/partner) can inherit the contract. This affects how you manage long-term tenancies.

What existing landlords need to do

If you have existing ASTs that started before December 2022:

• They automatically converted to occupation contracts
• You must issue a written statement to existing tenants
• The 6-month notice period applies from the conversion date

Penalties for non-compliance

• Failing to provide a written statement: You may not be able to serve a no-fault notice
• FFHH failure: Rent repayment orders, improvement orders, prohibition orders
• Unlawful eviction: Criminal offence with potential prosecution

How Morgan Jones helps

We handle all aspects of Renting Homes Act compliance for our managed properties:

• Issue compliant occupation contracts for all tenancies
• Ensure properties meet FFHH standards before letting
• Manage notice periods and possession procedures correctly
• Handle contract variations and joint contract changes
• Keep contracts updated when the law changes