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Ask The Legal Expert with JCP Solicitors: What are the new rules around Occupation Contracts?

Sponsored Content | Benjamin Davies - JCP Solicitors | Published: 11:56, Wednesday May 10th, 2023.
Last updated: 11:56, Wednesday May 10th, 2023

In our Ask The Legal Expert column, Benjamin Davies in the property litigation team at JCP Solicitors, which has an office in Caerphilly, shares advice on the new Renting Homes Wales Act and changes for private landlords.

Benjamin Davies who is a member of the property litigation team at JCP Solicitors
Benjamin Davies who is a member of the property litigation team at JCP Solicitors

I am a private landlord renting out a few properties in the local area, I have heard that I now need to move my tenants to Occupation Contracts. What are the new rules and how soon do I need to do this?

From 1st December 2022 the Renting Homes Wales Act 2016 came into force and the law around private residential property lettings changed.

One of the most noteworthy changes that landlords must take into consideration, is the written statement they must now provide to every tenant setting out the terms of the Occupation Contract.

Landlords have an obligation to provide an accurate written statement of the Occupation Contract, any
clauses, and outline the legal aspects of the contract or face a penalty. This must clearly lay out the agreement between the contract holder (tenant) and the landlord and any other aspects they have agreed.

Landlords who issued a Tenancy Agreement before 1st December 2022 will also need to provide their contract holders with a written statement and this must be issued before 1 June 2023.

The timeframe to provide a written statement is even more pressing for landlords who issue occupation agreements after 1st December, as they have just 14 days to produce the written statement or they could face a severe penalty.

Failure to provide the written statement could result in a financial award being made against the landlord in favour of the contract holder equivalent to a day’s rent for each day that the written statement is not provided, up to a maximum of two months’ rent.

Understandably these changes have proved to be stressful and time consuming for landlords across
Wales, who are concerned they may miss one of the vital deadlines and face a steep penalty.

Here at JCP Solicitors our expert Property Litigation team is here to guide you through the complexities of renting out a residential property.

If you are a private landlord looking for advice with renting out your property, contact Benjamin Davies at JCP Solicitors via benjamin.davies@jcpsolicitors.co.uk or call 02920 391917.

The question posed is based upon a hypothetical situation. This content does not constitute legal advice and is provided for general information only.

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