Welsh rent reforms: A cautionary tale for England’s landlords

Welsh rent reforms: A cautionary tale for England’s landlords

0:04 AM, 12th August 2024, About 3 months ago 7

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It took more than 10 years of drafting and deliberation, but what could the Renting Homes (Wales) Act mean for England’s landlords facing the prospect of a Renters’ Rights Bill? Put simply, says one NRLA expert, it could be a disaster.

Mia Rotaru, public affairs officer at the National Residential Landlords Association (NRLA), says the Welsh Act was initially well-intentioned, but its implementation has been lacking.

Designed to create a fairer, simpler rental system, the Act introduced new contracts, strengthened tenant rights, and imposed stricter property standards.

But the road to reform has been bumpy.

Converted into occupation contracts

One of the big issues was the lack of a phased introduction as all assured shorthold tenancies (ASTs) and licences were converted into occupation contracts on 1 December 2022.

It was this sudden change that forced landlords to navigate a complex conversion process without adequate preparation – and that led to legal trouble and confusion, she says.

Mia points to the Scottish model, which had a gradual introduction with the new regulations being applied only to new tenancies.

That meant existing tenancies were allowed to phase out over time making the transition easier for landlords.

Unlike Scotland’s phased approach, Wales’ sudden overhaul overwhelmed landlords and tenants alike.

A government communications campaign proved inadequate, leaving many landlords confused, Mia says.

Landlords struggled to understand responsibilities

Mia continues: “Many landlords struggled to understand their new responsibilities, highlighting a need for more robust training and educational resources.”

While the Act aimed to balance tenant rights with landlord responsibilities, the outcome has been skewed, she says.

Landlords in Wales report increased burdens, rising costs and a decline in confidence.

Mia also highlights figures from the Ministry of Justice on how the reforms’ impact on landlord confidence which saw the number of accelerated possession claims increasing by 236% in the first year.

In England, claims went up by just 16% in the same period.

Upcoming Renters’ Rights Bill

Mia warns: “The difficulties faced by landlords and tenants with the Renting Homes (Wales) Act should serve as a valuable lesson for the upcoming Renters’ Rights Bill.

“Recognising the challenges faced in Wales will help with the implementation of the Renters’ Rights Bill and will help to maximise the benefits for both tenants and landlord.

“A phased approach should be considered to have a more practicable transition, giving landlords time to adapt and understand the new requirements while reducing the risk of non-compliance.”


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Tessa Shepperson

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10:55 AM, 12th August 2024, About 3 months ago

Speaking as someone who spent a lot of time in 2022 reading the legislation on screen and creating guidance for landlords - it was a nightmare. I'm sure it has permanently damaged my eyesight!
The problem with the legislation and the mandatory terms to go in tenancy agreements was not so much the wording itself - which was pretty clear. It was the massive amount of cross-referencing.
Cross-referencing is really confusing for non-lawyers - and, indeed, qualified lawyers! I have three monitors on my work computer, and it was not enough when trying to work out what they were trying to say.
As the article says, there was also the problem with the 'big bang' approach. Particuarly as probably a substantial proportion of landlords in Wales do not read the landlord press and so had no idea it was coming.
I really, really hope that the English laws are introduced in a more measured manner. So I agree 100% with this article.
NB you can see my guidance here: https://landlordlaw.co.uk/member_page/the-wales-page/

Duncan Forbes

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12:37 PM, 12th August 2024, About 3 months ago

Being a landlord is not an investment anymore, the present Junta want sitting Tenants!!
Therefore, they do not have to house them it becomes the Landlords responsibility, as in Germany I believe the tenant is really the new owner. let’s face we are all going to depart this earth at some point and inheritance Tax will be demanded within 6 months and the property value will be about half with Tenants in , try convincing HMRC of this , so there’s no point for the small private landlord.

Reluctant Landlord

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13:04 PM, 12th August 2024, About 3 months ago

Reply to the comment left by Duncan Forbes at 12/08/2024 - 12:37
....by default then IHT will be a lot lower too....the government wont like that either...

PH

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13:24 PM, 12th August 2024, About 3 months ago

Reply to the comment left by Reluctant Landlord at 12/08/2024 - 13:04
Not forgetting CGT.

Peter Merrick

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18:15 PM, 12th August 2024, About 3 months ago

Reply to the comment left by Duncan Forbes at 12/08/2024 - 12:37
Duncan, my sister is good friends with a German lady who lives in the same town as her. She tells me that her friend said that it's almost impossible to get a rental in Germany, and you have to wait a long time, or be very lucky,

Desmond

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4:32 AM, 13th August 2024, About 3 months ago

Good article. Could the government also kindly consider applying changes to CGT rates and other tax allowances to property purchased from here onwards? Obviously they wouldn't be so fair and rational as to not tax retrospectively, so what hope there is for other policy areas i don't know.

TheMaluka

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14:03 PM, 17th August 2024, About 3 months ago

Reply to the comment left by Reluctant Landlord at 12/08/2024 - 13:04
The government will simply charge inheritance tax on the full value of the property without a sitting tenant. Simples.

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