The requirements and dates for landlords and new tenants (contract holders) from 1 December.
First published: 2 November 2022 Last updated: 28 November 2022A PDF download of this document will be available soon.
The Renting Homes (Wales) Act 2016 is the biggest change to housing law in Wales for decades.
The new law will come into force from 1 December 2022. It will improve how we rent, manage, and live in rented homes in Wales.
For more information about what the change in the law means, we have already provided general guidance documents for landlords and tenants (who will be known as contract-holders under the new Act), including an easy read version of the tenants general guidance document and additional FAQ information for both landlords and tenants. It is useful to read these documents collectively as they should provide you with all the relevant information you may need.
The table below provides a ready-at-hand ‘checklist’ of the things that landlords must do to comply with new and existing law, and the timescales for doing those things. Further information can be found in the links above.
Requirement
Statutory Provision
Requirement for new contracts from 1 December 2022
Requirement for converted contracts (agreements in place before 1 December 2022)
s.31 Renting Homes (Wales) Act 2016
Within 14 days of the occupation date (which is the date the contract-holder can move into the dwelling).
However, it would be good practice to issue the written statement sooner.
Contract-holder to be given notice of information about landlord (or agent) – form RHW2
ss. 39-40, Renting Homes (Wales) Act 2016
Within 14 days of the occupation date.
However, it would be good practice to issue this information sooner.
Contract-holder to be provided copy of valid EPC for dwelling
s.6, Energy Performance of Buildings (England and Wales) Regulations 2012
When marketing of property to let, with a copy provided to contract-holder at beginning of contract
Where required, this should have been issued at the start of the tenancy being converted. The EPC does not need to be re-issued due to conversion.
Prospective contract-holder to be provided with information regarding holding deposits (providing right of first refusal of a dwelling whilst checks are undertaken).
Schedule 2, Renting Homes (Fees Etc) Wales Act 2019 and The Renting Homes (Fees etc.) (Holding Deposit) (Specified Information) (Wales) Regulations 2019
Provision of information before payment of holding deposit. Repayment of holding deposit usually 15 days after it was paid.
This is an existing legal duty with which, where appropriate, the landlord should have already complied. The information does not need to be re-issued.
Protection of deposit in authorised deposit scheme - and provision of information to contract-holder
s.45 Renting Homes (Wales) Act 2016 and The Renting Homes (Deposit Schemes) (Required Information) (Wales) Regulations 2022
Within 30 days of the deposit being paid by contract-holder
This is an existing legal duty with which, where appropriate, the landlord should have already complied. The deposit does not need to be re-protected
s.91, Renting Homes (Wales) Act 2016 and The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022
The dwelling is FFHH from the occupation date.
This includes the presence of mains-wired smoked alarms, carbon monoxide alarms where required and an Electrical Condition Report (ECR)
The dwelling is FFHH from the date of conversion.
This includes the presence of carbon monoxide alarms where required.
Landlords have twelve months, until 30 November 2023, to install mains-wired smoke alarm(s) and ensure an ECR is provided for the dwelling.
Contract-holder to be provided with a copy of a valid Electrical Condition Report (ECR)
Regulation 6, The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022
Within 14 days of occupation date (and within 14 days of inspection for subsequent ECRs)
Within 14 days of the 30 th November 2023.
Contract-holder to be provided with a copy of a valid Gas Safety Certificate
Regulation 36, Gas Safety (Installation and Use) Regulations 1998
Before occupation (and subsequent annual certificates within 28 days of inspection)
This is an existing legal duty with which the landlord should have already complied. The Gas Safety Certificate does not need to be re-issued due to conversion.