Renting Homes Wales: Checklist for Landlords and Tenants

Wales update – a landlords and tenants’ checklist for new contracts from 1 December 2022

The Renting Homes Act came into force on 1 December 2022 in Wales. The purpose of the legislation is to simplify the law in the private rented sector and to give tenants more protection. Tenants are now known as ‘contract holders’ and tenancy agreements are now ‘occupation contracts’. The new legal regime has created a clear separation to the law in England, both legal frameworks now operate very differently.

The new law does not change the fact that landlords still need to be registered under RentSmart and they must also apply for a Rent Smart Licence or appoint a licensed agent to conduct lettings and management activities.

For any new contracts from 1 December 2022 the table below provides a checklist of the steps that landlords must take to comply with the new law.

RequirementDeadline for compliance
Contract-holder to be provided with a written statementWithin 14 days of the occupation date (which is the date the contract-holder can move into dwelling)
Contract holder to be given notice of information about landlord or agent – Form RHW2Within 14 days of the occupation date
Contract-holder to be provided a valid copy of valid copy of Energy Performance CertificateWhen marketing of property to let, with a copy provided to contract-holder at beginning of contract
Protect the deposit in an authorised deposit scheme and supply the deposit scheme prescribed information to the contract-holderWithin 30 days of the deposit being paid by the contact-holder
The property must be fit for human habitation• The property is FFHH from the occupation date
• Ensure smoke alarms in property working order
• Ensure carbon monoxide detectors in proper working order
• Ensure inspection and testing of the electrical installation
Contract-holder to be provided with a copy of a valid Electrical Condition ReportWithin 14 days of occupation date (and within 14 days of inspection for subsequent electrical checks)
Contract -holder to be provided with a copy of a valid Gas Safety CertificateBefore occupation (and subsequent annual certificates within 28 days of inspection)

Agents and landlords with properties in Wales need to ensure they educate themselves about the changes and update all of their documents.

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