Welsh L&T Law - agent acting in a puzzling way

Landlord Discussion Legal
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I have many years experience (and training) in English Landlord & Tenant Law, and until now Welsh law was the same. But of course it has now changed.

I am about to become the guarantor for a grandchild’s flat in Wales and I am wondering why she is being offered an Assured Shorthold Tenancy instead of an Occupation Contract. Does anyone have a view about this? It seems to me that she won’t compromise her position (or mine as guarantor) if she signs the AST, but it is a puzzle.

Also, do section 48 Landlord & Tenant Act 1987 and section 1 Landlord & Tenant Act 1985 still apply in Wales (ie: the tenant must be given the Landlord’s name and address)? The agent is refusing to supply this information and says the only name and address we can have is theirs, even though they admit they are not the landlord. Another puzzle - does anyone know the answer?

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You’re correct, they can’t offer an AST in Wales. The concept no longer legally exists in Wales, as all existing AST’s converted to “occupation contracts”.

Yes, landlord needs to be named. The new presecribed form for notifying the tenant who the landlord is and address for serving notices is RHW2. Technically, been told by Guild of Res. Landlords that as this is carried over from section 48, the addresses can be the agent’s address, but the name has to be the landlord. The landlord also legally needs to be registered with Rent Smart Wales public, so you need to know it, and the agent must be licensed with RSW. If you know the property address, you can check if the property and landlord are registered here: https://rentsmart.gov.wales/en/check-register/ … Bear with it; it can be very, very slow to search.

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Thankyou, that is very helpful.

The shortage of flats is such that we can’t afford to upset the landlord and/or agent while completing the letting but I’ll bear this in mind if anything goes wrong at any stage.

It feels quite strange to be on the receiving end of poor practice about which I have read so much, and which I try hard to avoid when wearing my landlord hat (in England)!