Accommodation Checklist
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Home Safety Issues

From 1 December 2022 landlords must ensure properties are in good repair and fit for human habitation (FFHH) from 1 December 2022. 
 

Smoke Alarms


The FFHH Regulations require a smoke alarm, in proper working order, to be present on every storey of a dwelling. Landlords must ensure each of these smoke alarms is in proper working order, connected to the electrical supply and inter-linked with all other smoke alarms connected to the electrical supply. To ensure that this requirement is met, the opportunity to test smoke alarms should be sought whenever possible, for instance whilst carrying out a necessary inspection, repair or electrical testing in the dwelling. 
 

Carbon Monoxide Alarms


The FFHH Regulations require a landlord to ensure that a carbon monoxide alarm is present in any room which has a gas, oil or solid fuel burning appliance installed.  


Inspection and testing of electrical installations


A landlord is required to have the electrical installations of the dwelling tested every five years unless the requirements of the EICR indicate a shorter testing interval is required. Where a shorter interval is included on the report, the five-year period will not apply and a future test must be undertaken at the interval indicated on the report. Failure to do so will mean the dwelling is considered unfit for human habitation. 
The current EICR must be made available to the contract-holder within fourteen days of the occupation date. Where a Periodic inspection and testing (PIT) is carried out after the occupation date, the updated EICR must be provided to the contract-holder within seven days of the inspection date. 
In addition, a landlord is also required to provide the contract-holder with written confirmation of all investigatory and remedial work carried out on the electrical installations as a result of periodic inspection and testing. 
This written confirmation must be provided to the contract-holder within fourteen days of the occupation date. Where investigatory and remedial work is carried out after the occupation date the written confirmation must be provided within seven days of the landlord receiving this confirmation. 
 

New build properties

Landlords may indicate that the dwelling is fit for human habitation as regards electrical safety through an Electrical Installation Certificate (EIC) where this certificate is in existence due to the property being a new build property. It must have been issued within the preceding 5 years. 

 

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Household Costs
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Rent Smart Wales

Since the Housing (Wales) Act 2014, landlords and agents have a duty to comply with the Housing (Wales) Act 2014 and have been required to be registered with the Welsh licensing authority, Rent Smart Wales (RSW).

  • Landlords are required to register both themselves and any rental property they own. Those responsible for letting and/or management activities (self-managing landlords) will need to apply for a licence.
  • Agents are required to apply for a licence, allowing them to conduct letting and/or management activities on behalf of others. Agents are not required to register.

The goal was to improve property standards, management practices and relationships between landlords, agents and contract holders. The hope was to ultimately lead to more confidence in the private rented sector and better experiences for all those with a stake in it. This is being achieved by providing landlords and agents with regular information and training in a range of formats, acting on intelligence from tenants and advice agencies, referring matters to other relevant bodies and taking enforcement action where needed.

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Contracts

From 1 December 2022, the Renting Home (Wales) Act 2016 has applied to all private rented properties in Wales. In particular, changing -

  • property standards;
  • grounds for possession and notice periods;
  • prescribed information for occupants;
  • how agreements are ended by occupants;

As part of these changes, private landlords in Wales can no longer use tenancy agreements when they let their properties. Instead, they must use Standard Occupation Contracts when starting an agreement. The two types of contracts that can be used are either fixed or periodic contracts. One of the main changes are that tenants are now known as contract holders and tenancies are known as occupation contracts. Many of the terms within the contracts are required by law and landlords must provide an accurate written statement of the occupation contract (including any required clauses) or face penalties. Landlords are required to provide explanatory notes to help the tenant understand the meaning of the agreement. This includes guidance on the different types of clause in the agreement.

Key Matters

The key matters are -

  • the address of the dwelling,
  • the occupation date,
  • the amount of rent
  • the rental period whether it is a fixed or periodic contract 

This may also includes details of the deposit amount, who is responsible for utilities, landlord and contract holder contact details, and the Rent Smart Wales information.

Fundamental Terms

Fundamental terms are clauses in the contract that have been set out by legislation. Many of them cannot be altered at all, while others can be altered but only to give greater rights to the contract holders. These terms are the most important clauses in the contract and include things like the landlord's obligations around property standards, when rent can be reviewed and the rights to end the tenancy.

Supplementary Terms

Supplementary terms are clauses that have been set out by legislation as well. However, these clauses can be removed or edited to favour the landlord should both parties agree to it. Supplementary clauses that have been added to are marked out by italics, removed clauses are struck through, and the contract holder agrees to them by signing the document.

Additional Terms

These are clauses that are not defined by legislation and have been inserted by the landlord. A number of additional clauses can be inserted in the contract such as a clause requiring the contract holder ask permission if they want to keep a pet in the property. Additional clauses must be fair and they must not contradict the fundamental or supplementary terms in the contract 

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Safety Advice
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Financial Matters
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Tenancy Deposit Law
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Tenant’s ‘Right to Rent’ Privately Rented Accommodation
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Energy Performance Certificate (EPC)
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Inventory
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Home of Multiple Occupation (HMO) Licensing

It is important to note that you should check in your property’s local authority if it is a home of multiple occupation (HMO). It could be subject to mandatory licensing (in effect across Wales) or additional licensing (in certain council areas) requirements.

The below link takes you to Ceredigion County Council relevant website page.

Houses in Multiple Occupation (HMO) - Ceredigion County Council

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Tenancy Agreements
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