he Welsh Government first proposed the Renting Homes (Amendment) (Wales) Bill in February 2020 with the aim of amending the Renting Homes (Wales) Act 2016 to guarantee a minimum of 12 months’ protection against eviction at the start of a new tenancy if they have not breached the terms of their contract.
Renting Homes (Amendment Bill)
Within the Bill, the Welsh Government proposes to extend the minimum notice period for a notice given under section 173 – Landlord’s Notice – from two months to six months and to restrict the issuing of such a notice until six months after the occupation date of the contract. The 2016 Act currently sets this at four months.
The Act also contains a number of new provisions including ensuring that landlords' dwellings are subject are fit for human habitation (FFHH). This includes:
- functioning smoke alarms and carbon monoxide detectors
- electrical and gas safety certificates are in place for each dwelling they let
If the dwelling is not fit for human habitation, under the Act, rent will not be payable.
The Government has said that they will ‘legislate to improve the position of tenants in the private rented sector through the Renting Homes (Amendment) (Wales) Bill, and scrutiny of that Bill will recommence in the autumn.’
Extending notice periods from two months to six months under the Renting Homes (Amendment) (Wales) Bill will cause further shockwaves for landlords and agents. The proposals will make it even more difficult for landlords to reclaim possession of their property and add further longevity to an already lengthy and expensive eviction process.
We are concerned that landlords will have no viable option of evicting problem tenants quickly and efficiently due to current court procedures. If landlords sell up due to the perceived risk, this will shrink the sector and contribute to landlords being more selective about who they let their property to. The Welsh Assembly must reconsider extending the minimum notice period and take a long-term, holistic view that supports those who are providing professional and well-managed tenancies.
WHAT PROPERTYMARK IS DOING
In March 2020, ARLA Propertymark responded to the National Assembly for Wales Equality, Local Government and Communities Committee consultation on the Renting Homes (Amendment) (Wales) Bill expressing concerns around extended minimum notice periods, changes to fixed-term contracts and more.
ARLA Propertymark will continue engaging with Members of the Senedd to mitigate the negative impacts of the Bill. Resources will also be provided to members to support agents with the changes.
