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21 Feb 2024

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Occupation Contracts

What To Do If You Haven’t Received an Updated Rent Smart Wales Contract

Renting a property comes with its set of responsibilities and rights for both landlords and tenants (now called “contract holders” under the new legislation), which are set out in a contract.

What Should I Do If I Haven't Received An Updated Rent Smart Wales Contract

In Wales, the Rent Smart Wales scheme plays a crucial role in regulating the private rental sector. One essential part of this scheme is the requirement of landlords to provide updated written contracts to their contract holders. But what if you find yourself in a situation where you haven’t received an updated written contract from your Landlord?

In this blog post, we will explore your legal rights as a contract holder and what steps you can take to address the issue.

Renting Homes Wales: Summary of changes

The Renting Homes (Wales) Act 2016 brought into effect many new changes which affect both Landlords and Contract-Holders and, it’s important you know what rights you have.

Welsh tenancy agreements are now called ‘standard occupation contracts’, and tenants are now called ‘contract-holders’. A copy of the contract, known as the ‘written agreement’ or ‘written agreement’, must be issued to the contract holder within 14 days of the start date, or sooner.

Simply put, an occupation contact is required when:

  • There is rent or some other consideration paid to the landlord
  • It allows at least one individual to occupy the dwelling as their home, and
  • It is between and landlord and at least one individual

Know Your Rights

  1. Request the Updated Contract: The first step is to communicate with your landlord. Politely request the updated written contract, providing a reasonable time frame for them to comply. It is possible that the oversight was unintentional, and your landlord may rectify the situation promptly.
  2. Check for Compliance: Verify whether your landlord is registered with Rent Smart Wales. All landlords must register and undergo training to comply with legal requirements. You can check the Rent Smart Wales website or contact them directly to confirm your landlord’s registration status.
  3. Review Your Existing Contract: Examine your current tenancy agreement to identify any specific clauses related to Rent Smart Wales compliance. If your landlord is in breach of these terms, it strengthens your position when discussing the issue.

Legal Steps You Can Take

  1. Write a Formal Letter: If your initial request doesn’t yield results, consider writing a formal letter to your landlord. Outline the situation, express your concerns, and make it clear that you expect compliance with Rent Smart Wales regulations. Sending a formal letter provides a documented record of your efforts to resolve the issue amicably.
  2. Contact Rent Smart Wales: If your landlord continues to ignore your requests, you can escalate the matter by contacting Rent Smart Wales directly. They have a dedicated helpline and can guide your next steps. Additionally, they may initiate an investigation into your landlord’s compliance.
  3. Seek Legal Advice: If all else fails, consult with a legal professional specialising in tenant rights. They can provide personalised advice based on your specific situation and guide you through potential legal avenues to enforce your rights.

As a contract holder in Wales, you have rights and protections under Rent Smart Wales. If you haven’t received your updated contract, it’s crucial to take proactive steps to address the issue. Communication with your landlord, understanding your existing contract, and, if necessary, seeking assistance from legal professionals.

How We Can Help

At Harding Evans, we have a team of solicitors who are experienced in providing legal support for tenants. Contact us today.

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