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Renting Homes (Wales) Act 2016 Implementation Phase – an Update. “Housing law has become an impenetrable forest. […] There are few paths through the forest, known only to the most skilful lawyers. Some who enter the forest escape with scratches and torn clothes. Many become hopelessly lost.”
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Renting Homes (Wales) Act 2016Implementation Phase – an Update “Housing law has become an impenetrable forest. […] There are few paths through the forest, known only to the most skilful lawyers. Some who enter the forest escape with scratches and torn clothes. Many become hopelessly lost.” HHJ Nic Madge
\a Status of consultations around the Act…
Supplementary provisions Non-incorporation / Amendment A landlord and contract-holder may agree not to include a supplementary term within a contract, or change the term before it is included. Variation A supplementary term may be changed some time after the occupation contract has begun. The variation of a supplementary term can happen in one of two ways, either by agreement between the landlord and contract-holder, or following notice from the landlord. An agreement to vary a supplementary term can be reached at any time between the landlord and contract-holder. This applies to all forms of occupation contract.
SUPPLEMENTARY PROVISIONS APPLYING TO ALL OCCUAPTION CONTRACTS
SUPPLEMENTARY PROVISIONS APPLYING TO ALL OCCUAPTION CONTRACTS OTHER THAN FIXED TERM STANDARD CONTRACTS OF SEVEN YEARS OR MORE
SUPPLEMENTARY PROVISIONS APPLYING TO ALL OCCUAPTION CONTRACTS OTHER THAN FIXED TERM STANDARD CONTRACTS
SUPPLEMENTARY PROVISIONS APPLYING TO SECURE CONTRACTS, INTRODUCTORY CONTRACTS AND PROHIBITED CONDUCT STANDARD CONTRACTS
SUPPLEMENTARY PROVISIONS APPLYING TO STANDARD CONTRACTS OTHER THAN INTRODUCTORY CONTRACTS AND PROHIBITED CONDUCT STANDARD CONTRACTS
SUPPLEMENTARY PROVISIONS APPLYING TO FIXED TERM STANDARD CONTRACTS OF SEVEN YEARS OR MORE SUPPLEMENTARY PROVISIONS APPLYING TO ALL STANDARD CONTRACTS
Fitness for human habitation 3. In determining for the purposes of section 91(1) of the Act whether a dwelling is fit for human habitation, regard must be had to— (a) the presence or occurrence, or the likely presence or occurrence, of the matters and circumstances listed in the Schedule; and (b) any contravention by the landlord of any requirement imposed by regulation 36 of the Gas Safety (Installation and Use) Regulations 1998( 6 ), or any requirement or prohibition imposed under any improvement notice or prohibition notice (including any such notice as modified on appeal) under sections 21 or 22 of the Health and Safety at Work etc. Act 1974(7), so far as they relate to the dwelling.
Safeguarding property in abandoned dwellings “Section 220 of the Act provides the ability for a landlord to repossess a dwelling which has been abandoned by the contract-holder, without recourse to the court. This prevents the unnecessary expense landlords would incur in seeking a court order for an abandoned dwelling. Furthermore, it allows these vacant dwellings to be re-occupied more quickly”. “A landlord who considers the property is perishable or the value of the property would not cover the costs of safeguarding, or would incur unreasonable expense or inconvenience, may dispose of it”.
Increasing minimum notice period for no fault evictions “We would urge Government to act with clarity: if you want to end ‘no fault’ evictions, legislate for this explicitly by, for example amending s.175 – s.177 accordingly to say that no s.173 notice can be served without proof of breach of contract. If Government does not want Landlords to issue notices requiring possession where there is no fault on the part of the occupier, this should be explicitly stated.”
