Lettings Legislation Update

Lettings Legislation Update

Hannah McCartan
30th November 2021

If you are a landlord with McCartan, you will already be aware from our landlord updates that there have been a lot of changes we’ve had to adapt to in the last 18 months, many with very little notice and which change again in a very short space of time.

To recap, the main changes have been in relation to:

  • Notice Periods (Section 21). As it stands, notice periods remain at 6 months for landlords, with the next review scheduled for 31st December (2021). This is different from England, where notice periods have now reverted back to the original 2 months.
  • Minimum Energy Efficiency Standards. All rental properties require a valid Energy Performance Certificate (EPC) grade of E or higher to be let. The fine for non-compliance is £5,000, and any notices for possession you may have served will be invalid. If you don’t know if you have a valid EPC or what grade it is, you can click here to check the public register.
  • Housing Benefit Applicants. It is now illegal to refuse applicants on the grounds that they are in receipt of housing benefits (“no DSS”) as this is considered discrimination. If an applicant doesn’t earn enough to pass referencing, other options such as rent in advance or a guarantor should be explored.

Going into 2022, we’re expecting:

  • Caps on Security Deposits. The Welsh Government have delayed making a decision as to whether to cap security deposits until early 2022 – they first discussed it when the Tenant Fee Ban came in in 2019. Should caps be introduced, we’re expecting them to be capped at between 4-6 weeks’ rent.
  • Renting Homes Act. We’re still waiting for confirmation, but it seems likely that this much-anticipated overhaul of Welsh housing legislation will come into effect in April 2022.
  • Housing Health & Safety Rating System (HHSRS). This will be part of the Renting Homes Act, but sets out 29 different criteria within 4 categories for measuring the suitability of housing conditions. HHSRS will change what is required of landlords and agents when getting a property ready for let and when conducting property visits. It’s already in effect in England, and we’ve been expecting it to come into effect in Wales for a while now.

If you’re concerned about these changes and how they affect your tenancies or your plans for your rental properties going forward, please don’t hesitate to get in touch. You can also book a 15 minute consultation call with me by clicking here

Other articles like this

Championing Change: Mental Health, Equality, and Diversity in the PRS
Championing Change: Mental Health, Equality, and Diversity in the PRS
I’m thrilled to share some exciting updates about my work as a Landlord Champion for The Champions Network, run by Tai Pawb. For those who don’t know, Tai Pawb is ...
The Landlord Community – update
The Landlord Community – update
As some of you may be aware, last year I took the plunge and launched The Landlord Community, helping landlords not only in Swansea but all over Wales. Why? Because as a ...
How could the General Election Affect Landlords in Wales?
How could the General Election Affect Landlords in Wales?
While many parties are focusing on winning over the tenant vote, with scrapping ‘no fault evictions’ and going back and forth on the Renters Reform Bill, it is worth noting ...
Report Maintenance