Landlord & Tenant

Frequently Asked Questions

Can I Still Issue Section 21s to Existing Tenants In Wales?

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Section 21 notices no longer exist in Wales, rendering any currently served S21 notices invalid. If you are still within the timeframe of your initial converted contract, which began as a periodic contract on December 1st 2022, you may use form RHW17 up until 31st May 2023 to give two month's notice. From the 1st June 2023 you will need to use form RHW16 to give six month’s notice.

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Can My Tenant Withhold Rent Due To a Fitness For Human Habitation Dispute?

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It depends on your contract. By default, there is a supplementary term allows the contract-holder to refrain from paying rent if the property is not suitable for human habitation. However, this supplementary provision is subject to modification or removal.

Even in the absence of this clause, contract-holders have the option to pursue legal remedies and seek compensation if the property is deemed unsuitable for human habitation.

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Is There a Deadline For Ensuring My Properties Meet Fit For Human Habitation Requirements Wales?

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Under the Renting Homes (Wales) Act your property needs to have the designation of Fit For Human Habitation from 1st December 2022. This means the property cannot be deemed unfit due to any of the 29 identified issues (similar to HHSRS hazards). Additionally, you are required to have carbon monoxide alarms installed in each room with a fuel-burning appliance, obtain an electrical installation condition report (EICR) for the property, and ensure mains-wired interlinked smoke alarms are present on every floor of the property.

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If your current contract-holders moved in before 1 December 2022, then you are given until 30th November 2023 to fit the smoke alarms and have an EICR done. 

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What Are My Obligations As a Landlord In Relation to Carbon Monoxide Sensors In Wales?

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By the 1st December 2022, you are required by law to furnish a battery-operated Carbon Monoxide detector in each room that contains a solid fuel-burning device. The provision of these detectors must be completed on 1st December 2022, with no allowance for a grace period.

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In the event that a tenant interferes with or removes the batteries from the detector, you are not obligated to replace the batteries or repair the detector.

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How Long Do You Have To Give Tenant Notice In Wales?

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Under Renting Homes (Wales) Act notice periods have changed drastically. Landlords must now give 6 moths ‘’not fault’’ evictions notice period and there cannot be served for the first 6 months of the new occupation contract.

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What Are My Obligations As a Landlord In Relation To Smoke Alarms In Wales?

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Under the Renting Homes (Wales) Act, it is now mandatory for you to place interconnected fire and smoke alarms, connected to the mains, on each floor of the property. The legislation provides a grace period until 1st December 2023 for existing tenants who resided in the property before 1st December 2022 to comply with this requirement.

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Do I Need To Serve The Notice About Landlord Address (RHW2) in Wales?

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Your contract says that you must provide information of the Landlords address and it suggests that it should be done separately. There is a prescribed form called RHW2, specifically designed for new contracts. This form must be submitted within 14 days of occupying the premises.

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For existing contracts that converted on 1st December 2022, you have until 31st May 2023 to issue this information using the RHW2 form.