I am a LL in Wales …I currently have a tenanted flat done under new rules here …tenant is aware I plan to sell the flat next year after her tenancy agreement ends…what do I have to do before the date … to ensure I dont shoot myself in the foot please…(as still find the gudance rather confusing after multiple reads)
Depends if you want to sell with tenant or vacant. Assuming this is a new occupation contract, since Dec 1st 2022. For vacant possession, after fixed term ends, you’ll need to serve Section 173 notice which gives tenant 6 months. You can’t serve it before the fixed term ends. You will also need to make sure you have everything done correctly (EPC, Gas cert, CO2 detector, EICR, depsoit held correctly, deposit prescribed info served etc.), in case tenant challenges it in court, or it will potentially get thrown out and set you back another 6 months. Alternatively, if you are making a profit on the flat sale, offer the tenant a financial sweetener to move out earlier.
Thank you very much …Have saved this for when the time arises.
Can I ask a second question…which sounds daft even to me…is the ‘wriiten statement’ these new contracts talk about…the actual contract…or a different piece of paper …as I genuinely am unsure …and I have done all the Rent Smart wales courses available …(just worried I have missed something) ?
A Written Statement is just a written explanation of a change that is to be supplied to the tenant/contract-holder. You can have a written statement of a new contract (or what was known as a tenancy agreement), and that is normally the same document that will be signed by both parties. So yes, in that case it is the same thing, as it serves as a written statement of the contract. It’s not really any different to before, as most tenancy agreements were signed before tenant took occupation. It’s required now essentially to prevent verbal only agreements. You can still allow occupation by verbal agreement, but now you legally need to supply a written occupation contract within 14 days.
But landlords also need to provide writen statements for any change to the contract terms, or also for certain changes to the property (i.e. if electrical work is done), so the tenant is informed in writing of the change. A written statement may also be required for when a periodic starts at the end of the fixed term. OpenRent’s existing contract would require this, but they have just sent out a variation document that can be sent to tenants to allow a statement to be sent ahead of the periodic starting.
Up until June 1st, there was a process of converting existing tenancies to occupation contracts. A lot of people will refer to that process as providing Written Statements (the full name would be “a written statement of a converted occupation contract”). That is just 1 type of witten statement that must now be supplied.
Thank you for this advice…
Can I ask if tenant wishes to renew contract after initial term…do I have to reissue ALL the other documents again …or just the renewed contract?
Thank you