Renting Homes (Wales) Act 2016 Implementation Phase – an Update “Housing law has become an impenetrable forest. […] There are few paths through the forest, known only to the most skilful lawyers. Some who enter the forest escape with scratches and torn clothes. Many become hopelessly lost.” HHJ Nic Madge

\a Status of consultations around the Act… Consultation Date Status   Date Status Outcome Renting homes White Paper 3 December 2013 Closed Outcome available Renting Homes - illustrative model contract 13 October 2014 Awaiting Outcome* Renting Homes (Wales) Act 2016: guidance relating to supported accommodation 6 July 2017 Renting Homes (Wales) Act 2016 – Regulations relating to Supplementary Provisions 14 October 2018 Awaiting outcome Renting Homes (Wales) Act 2016 – fitness for human habitation 12 January 2018 Outcome available** Renting Homes (Fees etc.) (Wales) Act 2019: default fees and prescribed information 19 July 2019 Awaiting Outcome Renting Homes (Wales) Act 2016: regulations relating to safeguarding property in abandoned dwellings 6 April 2018  Increasing the minimum notice period for a no fault eviction 5 September 2019

Supplementary provisions Non-incorporation / Amendment   A landlord and contract-holder may agree not to include a supplementary term within a contract, or change the term before it is included. Variation A supplementary term may be changed some time after the occupation contract has begun. The variation of a supplementary term can happen in one of two ways, either by agreement between the landlord and contract-holder, or following notice from the landlord. An agreement to vary a supplementary term can be reached at any time between the landlord and contract-holder. This applies to all forms of occupation contract.

SUPPLEMENTARY PROVISIONS APPLYING TO ALL OCCUAPTION CONTRACTS 6. Council Tax and Services – Who pays the council tax, gas, electric, water, etc.   8. Number of Permitted Occupiers 10 Security and Safety of the Dwelling (empty for more than 28 days etc/ checking that smoke alarms and carbon monoxide detectors in the dwelling are working and replace any batteries as and when necessary). 7. The contract-holder must use the dwelling as a private residence and may not run a business at the dwelling or allow anyone else to do so, without the consent of the landlord. 9. Changes to the Dwelling or Provision of Amenities to the Dwelling 11. Contract-holder’s Obligations upon the ending of the Occupation Contract.

SUPPLEMENTARY PROVISIONS APPLYING TO ALL OCCUAPTION CONTRACTS OTHER THAN FIXED TERM STANDARD CONTRACTS OF SEVEN YEARS OR MORE 13. Rent “The contract-holder must pay the rent in full and in accordance with the rental periods set out in the terms of the contract addressing the key matters, save for any period during which the dwelling is unfit for human habitation”.   16. Landlord’s Right to Enter the Dwelling “The landlord must give the contract-holder at least 24 hours’ notice before exercising the power to enter the dwelling under paragraphs (1) or (2)”. 14 & 15 - Carrying out Repairs

SUPPLEMENTARY PROVISIONS APPLYING TO ALL OCCUAPTION CONTRACTS OTHER THAN FIXED TERM STANDARD CONTRACTS 18. Withdrawl joint contract-holder who wishes to withdraw from the occupation contract,  

SUPPLEMENTARY PROVISIONS APPLYING TO SECURE CONTRACTS, INTRODUCTORY CONTRACTS AND PROHIBITED CONDUCT STANDARD CONTRACTS 21. Occupation of the dwelling only or principal home   23. Structures 25. Prohibited conduct – “The landlord must give the contract-holder appropriate help and advice if the contract-holder reports prohibited conduct on the part of anyone living in another property belonging to the landlord”. 22. Care of the Dwelling 24. Dealing 26. End of the Contract

SUPPLEMENTARY PROVISIONS APPLYING TO STANDARD CONTRACTS OTHER THAN INTRODUCTORY CONTRACTS AND PROHIBITED CONDUCT STANDARD CONTRACTS 28. Inventory   30. Passing notices etc. to the Landlord 32. Security of the Dwelling 29. Care of the dwelling 31. Changes to the Dwelling

SUPPLEMENTARY PROVISIONS APPLYING TO FIXED TERM STANDARD CONTRACTS OF SEVEN YEARS OR MORE SUPPLEMENTARY PROVISIONS APPLYING TO ALL STANDARD CONTRACTS 34. Rent   35. Landlord’s Right to Enter the Dwelling 37. Dealing  

Fitness for human habitation   3. In determining for the purposes of section 91(1) of the Act whether a dwelling is fit for human habitation, regard must be had to— (a) the presence or occurrence, or the likely presence or occurrence, of the matters and circumstances listed in the Schedule; and (b) any contravention by the landlord of any requirement imposed by regulation 36 of the Gas Safety (Installation and Use) Regulations 1998( 6 ), or any requirement or prohibition imposed under any improvement notice or prohibition notice (including any such notice as modified on appeal) under sections 21 or 22 of the Health and Safety at Work etc. Act 1974(7), so far as they relate to the dwelling.

Damp and mould growth   Radiation Entry by intruders Domestic hygiene, pests and refuse Falls on the level Collision and entrapment Asbestos and manufactured mineral fibres Un-combusted fuel gas Excess heat Food safety Falls associated with stairs and steps Explosions Biocides Volatile organic compounds Crowding and space Personal hygiene, sanitation and drainage Falls between levels Position and operability of amenities Carbon monoxide and fuel combustion products Electrical hazards Lighting (including natural) Water supply for domestic purposes Fire Structural collapse and falling elements Lead Excess cold Noise Falls associated with baths etc Hot surfaces and materials

Safeguarding property in abandoned dwellings   “Section 220 of the Act provides the ability for a landlord to repossess a dwelling which has been abandoned by the contract-holder, without recourse to the court. This prevents the unnecessary expense landlords would incur in seeking a court order for an abandoned dwelling. Furthermore, it allows these vacant dwellings to be re-occupied more quickly”. “A landlord who considers the property is perishable or the value of the property would not cover the costs of safeguarding, or would incur unreasonable expense or inconvenience, may dispose of it”.

Increasing minimum notice period for no fault evictions   “We would urge Government to act with clarity: if you want to end ‘no fault’ evictions, legislate for this explicitly by, for example amending s.175 – s.177 accordingly to say that no s.173 notice can be served without proof of breach of contract. If Government does not want Landlords to issue notices requiring possession where there is no fault on the part of the occupier, this should be explicitly stated.”

Anything else outstanding? Action Status   Upgrade HMCTS computer system ??? Update Civil Procedure Rules The secondary legislation / statutory instruments Legal / statutory notices National Comms and PR strategy Any other permitted challenges / amendments in future (see in particular s. 145 and s.217 RH(W)A 2016).

Conclusion….