Wales: New Legislation – your roles and responsibilities

[Ted.E.Bear]

Surely this needs explaining in detail or, maybe, they haven’t actually thought further that the nine words used. No surprise.

You could have just looked at the legislation...
(Note that there is no notice period for an eviction on the grounds of anti-social behaviour - proceedings can start immediately the notice is given).

55 Anti-social behaviour and other prohibited conduct

(1)The contract-holder under an occupation contract must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person with a right (of whatever description)—

(a)to live in the dwelling subject to the occupation contract, or

(b)to live in a dwelling or other accommodation in the locality of the dwelling subject to the occupation contract.

(2)The contract-holder must not engage or threaten to engage in conduct capable of causing nuisance or annoyance to a person engaged in lawful activity—

(a)in the dwelling subject to the occupation contract, or

(b)in the locality of that dwelling.

(3)The contract-holder must not engage or threaten to engage in conduct—

(a)capable of causing nuisance or annoyance to—

(i)the landlord under the occupation contract, or

(ii)a person (whether or not employed by the landlord) acting in connection with the exercise of the landlord’s housing management functions, and

(b)that is directly or indirectly related to or affects the landlord’s housing management functions.

(4)The contract-holder may not use or threaten to use the dwelling subject to the occupation contract, including any common parts and any other part of a building comprising the dwelling, for criminal purposes.

(5)The contract-holder must not, by any act or omission—

(a)allow, incite or encourage any person who is living in or visiting the dwelling to act as mentioned in subsections (1) to (3), or

(b)allow, incite or encourage any person to act as mentioned in subsection (4).

[davetg]

If I understand this correctly existing tenancy agreements will now be replaced by this:- The Renting Homes (Model Written Statements of Contract) (Wales) Regulations 2022

a 119 page document of unreadable legal waffle.

In my experience tenants do not read tenancy agreements - for a bit of fun years ago I used to give prospective tenants a sample agreement which said anytime I was in the area I could pop in and they would be obliged to offer me food and drink. Only one person ever queried the clause but hopefully the others bothered to read the agreement after I pointed the clause out

[jpkeates]

I feel for anyone with a current tenancy, who will be caught up in a set of rules and contractual terms that they didn't anticipate when they decided to let their property (and which can presumably be challenged on that basis).

What the regulations do achieve is to make reasonably clear what the rules for tenancies are and what landlords and tenants can expect of each other.
And everyone is working to the same rules and tenancy agreement terms.

So anyone deciding to let a property in Wales has a more informed decision available to them.
And, while I can see many people now deciding not to let properties, I wonder how many people will just carry on anyway, being as ignorant of the new rules as they are of the old.

[Hudson01]

neither of which have been legislated...

Very true, but as you will no-doubt accept, as LL's we have to plan many years ahead in terms of if to sell or not (capital gains etc), so keeping all this on the boil is very rational, and i cannot see how both S21 or the EPC will not come in. This govt do not see the small LL as something they wish to see in the future, i feel they want far more corporate involvement in the PRS and we simply a fly in the ointment.

[welshgold]

It also basically imposes a standard tenancy contract for everyone.

Indeed it does, currently our tenancy agreement consists of 4 pages, which most don`t read, the new contract is about 120 pages, what a waste of paper. Also an existing tenancy was originally agreed and signed that is a contract, how can you suddenly replace that with a new occupation contract.

[theartfullodger]

Is it in both languages please?

[SouthernDave]

Very true, but as you will no-doubt accept, as LL's we have to plan many years ahead in terms of if to sell or not (capital gains etc), so keeping all this on the boil is very rational, and i cannot see how both S21 or the EPC will not come in. This govt do not see the small LL as something they wish to see in the future, i feel they want far more corporate involvement in the PRS and we simply a fly in the ointment.

S21 is no biggie and shouldn’t be feared by LLs as long as they also reform S8 as they also plan to do. EPC ‘C’ will (in my opinion) based on my research most likely be heavily watered down from what is currently proposed.

Reading the OP though, i agree its just a further step towards socialism. What a bright future our children have

[jpucng62]

EPC ‘C’ will (in my opinion) based on my research most likely be heavily watered down from what is currently proposed.

What makes you think this? I haven't seen anything to suggest they will back down.

[SouthernDave]

I dont think theyll back down, its quite possible something will get passed, and if it does then based on what i have read and based on what they have done with other brilliant ideas they've dreamt up, i doubt it will be anything like the original proposition

[jpucng62]

I hope you are right but given that they haven't even published yet and I have several Ds that won't get to Cs I have started to sell. If they don't publish it soon the damage will be done - I can't afford to wait until 2027 to try to evict tenants and sell all the Ds.

[SouthernDave]

I hope you are right but given that they haven't even published yet and I have several Ds that won't get to Cs I have started to sell. If they don't publish it soon the damage will be done - I can't afford to wait until 2027 to try to evict tenants and sell all the Ds.

I understand where you are coming from. Ive managed to get all my E’s to D’s in the last year by doing bits and recertifying. I have a few which are heated electrically and this seems to be the largest issue apart from insulation. These properties do not even have a gas supply. They cant get solar or anything else so the legislation will have to make allowances. I just think that common sense will prevail over this. Its just another dream thought up by a team who dont know what they are talking about.

[welshgold]

So if i am understanding number 5 correctly.....if my very good long standing tenant passes away, his or her out of work/drug addled/mental health suffering offspring can take over the tenancy ? Or have i got this totally wrong.

Guessing that`s right So basically as landlord you have no control, rules state --- Enhanced succession rights


Enables both a ‘priority’ and ‘reserve’ successor to succeed to the occupation contract. This allows 2 successions to the contract to take place, for example a spouse followed by another family member. In addition, a new succession right for carers is created.

[welshgold]

After spending more time reading 120 pages and trying to understand the new rules, I admit I failed, 99 % legal gobbley gook, 1% common sense, Got to get out of this rental business. As properties become empty, will sell.

[Hudson01]

. As properties become empty, will sell.

Given the total lack of clarity from the govt and an ever increasing onslaught towards the PRS i see many more doing the exact same thing..... me included.

[welshgold]

GS i see many more doing the exact same thing..... me included.

its a catch 22 situation. I sell - pay capital gains, don`t sell think it will drive me mad, die, someone inherits, inheritance tax, they need to sell, to pay said tax, but cant sell as tenants cant be got out and have rights to pass tenancy on.