Does the Renters’ Rights Act Apply in Wales?

Over the past few months, many landlords have contacted us asking whether they need to make changes because of the new Renters’ Rights Act being discussed in the media. The short answer is: generally, no.

Properties in Wales are governed under completely different legislation from England. The proposed Renters’ Rights Act applies to England only. Rental properties in Wales are instead regulated under the Renting Homes (Wales) Act 2016, which has already introduced major reforms to the Welsh private rented sector.

This means many of the changes currently being discussed in England have either:

• already existed in Wales for some time, or

• do not apply to Welsh occupation contracts at all.
  

So why are landlords hearing about this so often?

A large amount of property news online is written from an England-only perspective. Unfortunately, many articles fail to clearly explain that Wales operates under separate housing legislation.

As a result, Welsh landlords are understandably becoming concerned that they may suddenly need to:

• rewrite contracts,

• change notice procedures,

• stop using certain clauses, or

• make urgent compliance changes.
  

For most landlords in Wales, there is currently no major emergency change required because of the Renters’ Rights Act.

Are there any changes we are making?

At Silver Oak Property, we are currently reviewing our occupation contracts and updating some wording to reflect existing Welsh anti-discrimination legislation more clearly.

In practice, this mainly involves adding additional clarification clauses to existing occupation contracts, including wording relating to:

Right to claim benefits

Occupation contracts must not prohibit contract-holders from being benefits claimants under Welsh legislation.

Rights relating to children

Occupation contracts should not unfairly restrict children from living at or visiting the dwelling unless there is a lawful and proportionate reason.

These points are largely clarifications of existing legal expectations rather than major new operational changes.

What landlords in Wales should actually focus on

Rather than worrying about English legislation, Welsh landlords should focus on ongoing compliance with Welsh requirements, including:

• Written Statements / occupation contracts

• Fitness for Human Habitation obligations

• Smoke and carbon monoxide alarm requirements

• Electrical safety compliance

• Gas safety compliance

• EPC requirements

• Rent Smart Wales registration and licensing
  

Final thoughts

The Welsh rental sector already went through substantial reform under the Renting Homes (Wales) Act 2016. Because of this, many of the proposals now being discussed in England are either already addressed in Wales or simply do not apply here.

However, many self-managing landlords are now finding it increasingly difficult to keep up with the ongoing legal and compliance requirements in Wales, especially as online guidance is often heavily focused on England.

At Silver Oak Property, we continuously monitor legislative changes affecting Welsh landlords and regularly review our occupation contracts, procedures, and compliance systems to help ensure properties remain legally compliant.

If you are unsure whether your current setup, occupation contract, or compliance procedures meet the current Welsh requirements, please feel free to contact us for further guidance or management support.

Silver Oak Property www.silveroakproperty.com