are pieces of essential information required to form the Agreement. Disputes may be resolved through the county courts if they cannot otherwise be acceptably settled. If you have a domestic rent agreement for a property in Wales that is not covered by the new rules, contact Shelter Cymru for advice. This Agreement is for a fixed term standard contract. Keep paying your rent and the amount you have offered towards the arrears. This is because from 1 December 2022 onwards, you may not have to pay rent for any time that the property is unfit for human habitation. It identifies that the document intends to create an Occupation Contract under the Renting Homes (Wales) Act 2016 and sets out basic details about the Contract, including the parties details, the term of the Contract, and the deposit amount (if a deposit is required). The Contract Holder is entitled to provide comments to the Landlord (i.e. This section states the contract holders obligation to keep safe and to convey to the landlord any notices delivered to the dwelling for the landlord. Your landlord cannot apply to court for an order to repossess your home during the notice period. For example, some fundamental terms may be changed but only if the change enhances the contract holders rights and doesnt contradict other fundamental terms. On the day on which the Contract Holder gives up possession of the Dwelling in accordance with the agreement made for termination, or. However, the 2016 Act is not yet in force. Occupation Contracts to Replace Existing Tenancies and Licences. ContactShelter Cymru, a local advice centre orcontact us for advice. Is a guarantor required? For example, there are provisions relating to anti-social behaviour, nuisance, and criminal behaviour. This affects: Under the new rules, there are two main types of occupation contracts. The Deposit paid in respect of this Agreement (whether paid by the Contract Holder or by another person on their behalf) must be dealt with by the Landlord in accordance with an authorised deposit scheme. An order putting off (adjourning) the case. Certain agreements do not qualify as occupation contracts under the new rules unless your landlord provides a notice saying that they do. If you need an Occupation Contract for multiple joint corporate landlords (eg companies, sole traders with trading names, or partnerships), or for multiple different types of joint landlords, you should Ask a lawyer for help. any action that your landlord has taken to stop or prevent the breach. The District Judge is the person who decides your case. . A reference to a person includes firms, companies, government entities, trusts and partnerships. The rules are complicated. You need to get your completedformto the court as soon as possible, to allow time for the court to arrange a hearing. drains, gutters, and external piping) in which the Landlord has an estate or interest are kept in repair, if disrepair or failure of these affects the Contract Holders enjoyment of the Dwelling or their enjoyment of any common parts of the Dwelling that this Agreement entitles them to use. An Occupation Contract is generally automatically formed when a residential dwelling (eg a house) is rented out to somebody in Wales in exchange for rent. This can either be via a fixed term standard contract or a periodic standard contract: The Welsh government has provided model written statements for landlords. If the court refuses your application to suspend the warrant, your eviction will go ahead. If you have a standard occupation contract, see our Rent arrears for standard occupation contracts - Wales fact sheet for information. The cap willnotapply if anyone in your household receives particular disability-related benefits or some other benefits. This means that if your landlord has used this ground because you have rent arrears, the court should not make an order to give the property back to your landlord unless it considers it is reasonable to do so. This rolls over from one rental period to the next (e.g. Use the information from Your budget to fill in the financial details that the form asks for. Whats the address of the dwelling being rented out? The relevant pets are of a kind that is suitable to be kept in the Dwelling, and. If this happens to you, contactShelter Cymruorcontact us for advice. 'Biggest change to housing law in decades' coming to Wales in six In some circumstances, it can also limit the actions that your landlord can take to end the occupation contract. The notice must be in writing and tell you that your landlord wants to end your occupation contract. When you make a claim, keep a copy of your claim form and any letters you send or receive. what the breach was for, how often it has happened and how long it lasted; whether the breach is likely to happen again; and. , payable in advance of each Rental Period. Standard occupation contracts: guidance | GOV.WALES says that you have breached a condition in your contract, other than by missing rent payments; wants the property back for estate management reasons, such as to redevelop the property or complete building works that cannot be carried out unless they have possession of the property; or. This Agreement will not end if a sole Contract Holder dies and one of the following applies: Somebody is qualified under section 74 of the Act to succeed the Contract Holder, or. Interest will be payable on the compensation if the Landlord does not give the Contract Holder notice of the information on or before the last day of the period of 2 months starting on the Relevant Date. Fundamental terms that may be changed (i.e. You can have as many joint contract holders as desired. For example, some may be changed only if the changes benefit the contract holder. However, it can be easier to end a periodic Occupation Contract than a fixed-term one. The District Judge may agree with you, and allow you to pay less than the landlord or their representative wants. For more information, go towww.gov.ukand search for Universal Credit advances. So, if your claim has been delayed, ask for a Universal Credit advance payment. If your landlord has sent you a notice saying that they believe you have abandoned your home, see the Abandoned property section later in the fact sheet. The Landlord must not interfere with this right, either by act or omission. Claiming Housing Benefit can reduce the amount of rent you have to pay. SeeUseful contactsat the end of this fact sheet. If a joint contract holder ceases to be a contract holder under this Agreement (due to their death or another reason, but not due to the transfer of rights or obligations in accordance with this Agreement): The only ways in which it is permissible for this Agreement to be ended are in accordance with: , which include Acts of Parliament, Acts of Senedd Cymru, or regulations made by the Welsh Ministers. The authorised deposit scheme the Landlord is using. See Useful contactsat the end of this fact sheet. Return to the Landlord all keys that enable access to the Dwelling that were used by the Contract Holder or by any permitted occupier who is not entitled to remain in occupation. Part of: Renting homes: model written statements, Renting Homes and. . you have been made ill by damp or dangerous conditions; your belongings have been damaged, for example by a leaking roof. . This new type of agreement was created on 1 December 2022 by the Renting Homes (Wales) Act 2016. Additional Terms must never be incompatible with a Fundamental Term, a Supplementary Term, or a Key Matter. Residential property law requires that landlords do certain things when renting out a dwelling. If you are unable to go to the hearing because of illness or disability, write to the court to explain your circumstances and ask if a relative or friend can go instead of you.Dont forget to include the case number in the letter.You will find this on the court form. information about the rights in relation to the deposit of the Contract Holder and of any person who has paid the Deposit on their behalf. Some councils will also let you apply online or over the phone. The Landlord cannot impose any obligations on the Contract Holder in response to their enforcing or relying on the Landlords Repair Obligations. If you are not sure if your rent arrears include a Housing Benefit overpayment,contact us for advice. It will show what you can afford to pay. If this access is not provided, the Landlord may enter without the Contract Holders permission. If you need to edit your answers after creating your document, you can return to the interview to do so. If you get certain benefits you may be ableto have a set amount taken out of your benefit and paid directly to your landlord for rent arrears. The Landlords failure to comply with their Landlords Repair Obligations (as set out in section 100(2) of the Act), including the Landlords obligation to keep the Dwelling fit for human habitation. If possession is not given up and a substitute occupation contract is made (i.e. Converted contracts are contracts where the tenants moved in before 1 December 2022. Include the claim number of the case, and details of your landlord. The Landlord is not liable for a failure to make the Dwelling fit for human habitation if: The Dwelling cannot be made fit for human habitation at reasonable expense, or. Get started now! For example, they must take proper care of the dwelling and its fixtures and must notify the landlord of any faults. Remove from the Dwelling without the Landlords consent any fixtures, fittings, or items listed in the Inventory. Use this Occupation Contract for a House: Rocket Lawyer members have customised over 4.8M documents, Ask a lawyer questions about your document, Sign this document online for free with RocketSign, STANDARD OCCUPATION CONTRACT FOR THE LET OF A DWELLING IN WALES. Ask for an adjournment if you can pay all the arrears in a short time, for example, by sorting out yourbenefit claim. the 14-day period that starts on the day on which the Agreement is varied), the Landlord must provide the Contract Holder with either: The Landlord may only charge a fee for a written statement in certain circumstances: The Landlord has an obligation to provide the Contract Holder with certain information about themselves. It is expected that landlords will use these forms for notices given on or after 1 December 2022. You can ask the court to suspend the warrant of eviction for the following reasons. To join today and gain access to all contracts, forms and documents that you need to conform to the requirements of the Renting Homes (Wales) Act click below. The option to include a landlords break clause is only available for Contracts for a fixed term of 2 years or longer. If the Landlord and the Contract Holder agree on any alterations to this Agreement after it is signed, a new written statement of the varied Agreement or a written copy of the new term(s) must be provided to the Contract Holder within 14 days of the date on which the changes were agreed on. Understand when to seek advice from a lawyer. Repayment must be within a reasonable time of the end of the Agreement. The reason why your landlord wants to end your contract will affect the amount of notice you should be given. Gone also are tenants, replaced by contract-holders, courtesy of the Renting Homes (Wales) Act 2016, which is now in force.