A summary of the Renting Homes (Wales) Act 2016
A summary of the Renting Homes (Wales) Act 2016

The following Property guidance note provides comprehensive and up to date legal information covering:

  • A summary of the Renting Homes (Wales) Act 2016
  • A simpler way to rent property in Wales
  • The contract
  • Fit for human habitation
  • Succession and survivorship
  • Abandonment
  • Anti-social behaviour
  • Subletting
  • Transfer of interest
  • Trespassers
  • more

A simpler way to rent property in Wales

The Renting Homes (Wales) Act 2016 (RH(W)A 2016), received Royal Assent on 18th January 2016. The majority of RH(W)A 2016 is not yet in force.Renting Homes (Wales) Act 2016

RH(W)A 2016 substantially reforms the way in which properties in both the public and private sectors are let in Wales. Its aim is to make the process simpler and easier, and to provide flexibility and transparency. RH(W)A 2016 will replace various and complex pieces of existing legislation with one clear legal framework.

The contract

RH(W)A 2016 replaces nearly all current tenancies and licences with a new ‘occupation contract’, of which there will be two types:

  1. secure contracts—these are periodic contracts and are modelled on the current secure tenancy issued by Local Authorities (ie community landlord/social housing)

  2. standard contracts—these are modelled on the current assured shorthold tenancy used mainly in the private rented sector—of which there are two types:

    1. fixed term standard contract, and

    2. periodic standard contract

Generally, a community landlord will use the secure contract and a private landlord will use the standard contract, but there is scope for some variation to this approach. For example, a community landlord may want to use a standard contract in the case of asylum seekers, displaced persons, homeless people, certain public sector employment accommodation and certain student accommodation. A private landlord will always use a standard contract unless the landlord chooses a secure contract or takes over an existing secure contract.RH(W)A 2016, ss 9, 10, 11(2)–(5), 12(2)–(8), 17

Landlords will be required to issue a written statement of the occupation contract terms, clearly setting out