Where tenancies are already ongoing, landlords will need to give their tenant a written statement of contract which reflects the changes to Welsh law during the 6-month period starting from when the Act comes into force. OpenRent recommends that landlords use their free renewals feature to issue an Occupation Contract and ensure they have fulfilled this obligation. Alternatively, landlords can refer to OpenRentās template agreement for Welsh tenancies to help with drafting the new statement of contract themselves.
You can find more information on the new Welsh renting legislation here:
The Welsh govt has also provided some more guidance:
Here is my question: I have looked at the template written statement and it is a daunting document. I am worried I will not be able to do this myself. I contacted OpenRent hoping theyād accept to prepare a universal document for all Welsh landlords. They declined my suggestion.
I too contacted OpenRent over a month ago about a new similar template for Wales as I wanted to get my tenants sorted with the new contractsā¦they said they would publish help and guidanceā¦what we have is the Welsh government supposedly helpful blurbā¦which I have read several times ā¦and still think its overcomplicatedā¦we already havevto register with RentSmart Wales, do training courses to get a LL licence(lasts 5 years) and pay Ā£260 for thatā¦even RSW havent started a templateā¦do they have to this malarkey anywhere else.
I will be selling my properties as my tenants move onā¦I have had enoughā¦and once the government changes horse in Westminsterā¦private LL will be P.E no 1
Iād be interested to know if anyone has put something together for this (or found a template). I was hoping openrent would provide one, but that appears not to be the case.
It seems the model occupation contract provided by the welsh government is heavily weighted towards the tenant (suprise, suprise) and is not recommended to be used by letting agents.
This is not for tenancy agreement which had started before 1st Dec 22. For those, the landlords need to provide tenants with written statement of contract. OpenRent said they would not provide this. The model written statement of contract (available through link above) is a very complicated document. We believe OpenRent should provide landlord who have had their contracts through them with a tailored document.
Thatās why it makes sense for OpenRent to provide this for customers who got their tenancy agreement through OpenRent to start with (rather than telling them to do it yourselves!)
But if the original tenancy agreement will end in less than 6 months, then a new contract which is for less than 6 month has different rules ā¦ not an easy choice I guess
Iām in agreement with you guys. Thatās where we started with our contact. I only have one tenant and not planning anymore, unless the current tenants leave. However my existing tenant has been with us for 2 and a quarter years. I guess I still have to provide an Occupation Contract.
Why is it that this wonāt work for me, or will it?
Apart from that when you click on the Download now, there is no link for it. (I am logged in). Whatās that about?
It is therefore highly recommended for a landlord to use a professionally-drafted occupation contract (such as OpenRentās), in order to ensure that they donāt miss out mandatory terms and risk significant fines for non-compliance, but do include all the terms that a landlord may need in order to protect their property.
I have to admit that Iāve only got a cursory knowledge of the new tenancy laws in Wales, but my understanding of the situation is that everything should be fine if you and the tenant choose to sign a new Occupation Contract, which I assume would act as a replacement for the existing tenancy. However, tenants are not legally obliged to sign a new agreement and if they refuse, you have to provide them with a statement of the specific parts of the existing contract that will change under the new legislation. I believe that this is the document that Openrent is not providing and that landlords are concerned about.
This is true and as we paid to get our tenancy agreement through Openrent, we believe they have an obligation to provide this rather than referring us to the gov.uk website.
I remain confused by the new Welsh regulationsā¦a general question 2 of my properties on on Periodic tenancies, 2 were a 12 month standard āold style ASTā contract (April22) and 1 is a 6 month āold style AST contractā(Nov 22). I am trying to issue the new style contracts b4 the deadline in May, however am unsure
1 What notice I will have to give anyone renting from me in the future.
2.How I notify any of my tenants of an increase in rent ā¦as have never increased rent for my lovely tenants so far on this Landlord journey (Only on a tenancy change)
Any help/suggestions most gratefully received
All contracts that existed are now Converted Occupational Contracts, thatās the law in Wales now.
It says in Welsh Gov Guidance that āWritten statements need to be given within 14 days of the occupation date for new contracts from 1 December 2022. Written statements for converted contracts need to be issued by 1 June 2023.ā
A converted contract status as far as I can determine, therefore has the 2 months notice from either party which is in your original AST contract. Itās now converted by law and you have until the end of May as I understand it, before you must give them an Model Written Statement.
So if anyone else in that situation wanted to give tenants the 2 months notice now then they wouldnāt we need to provide a written statement? OpenRent have written that in the Full Post link below. Your tenant would technically be gone from the property, prior to the date when you MUST supply an MWS. Does anyone know for sure if that would be legally acceptable?. I think some landlords might just want to leave because they cannot be sure of where they stand as when and if they wanted to leave, what protection does the Landlord have?
