Decision details

In January 2022, Welsh Government announced the Renting Homes (Wales) Act 2016 (‘the Act’) will come into force on 15th July 2022. This legalisation will affect Council, Housing Association, privately let and supported housing. It has implications for how all of these are let and managed.

The Act, and its published regulations, requires the Council, as a landlord, to implement changes in the way housing is rented and managed. Broadly, these are as follows:

•           The introduction of new terminology. The Council will be a community landlord, alongside registered social landlords, and tenants will become contract-holders.

•           Contract-holders will sign an occupation contract that will replace tenancy agreements. The occupation-contract must contain certain wording and terms as prescribed by Welsh Government.

•           A set of contracts, (in line with Welsh Government guidance), will need to be drafted to replace existing agreements. The Council will issue the new types of contracts from the implementation date to new contract holders. The Council will also be required to issue the new type of contracts to existing tenants within 6 months of the implementation date.

•           The contract sets out new rights for contract-holders, including additional succession rights and the ability to add and remove joint contract-holders.

•           The Act introduces a repair standard and clarifies 29 matters that must be considered when deciding if a council property is fit for human habitation.

•           The Act changes the rights of individuals in supported accommodation, entitling them to a more secure tenure. However, it also strengthens the Council’s ability to exclude any person (for up to 48 hours) who is causing significant anti-social behaviour within this setting.

For the private rented sector, the Act lengthens the notice period and abolishes evictions for any other reason besides a breach of contract.

RESOLVED: that

1.            Approval be given to the proposed approach being taken to respond to the requirements of the Renting Homes (Wales) Act 2016 including the changes in the Council’s rental agreements and procedures.

2.            Authority be delegated to the Director Adults, Housing and Communities, in
consultation with the Cabinet Member for Housing & Communities and Director of Governance and Legal Services, to finalise the new contacts for council tenants and procedures to fully implement the changes introduced in the Renting Homes (Wales) Act 2016.