I really do not have the time to respond to your every point as its clear we are never going to agree.
You can't just stop eating, or having a roof over your head, and even the prices for the most basic foodstuffs - and the smaller properties in less desirable areas - have gone up vastly.
Rent and food are the most basic things. You can go without things like a haircut, or a day out at the seaside, for instance. You cannot simply go without food and shelter when the prices are too high - you simply have to go for the least shit option on the market.
Very true. I guess us landlords are just lucky we don't face similar issues seen as we don't eat. Food prices don't effect us.
Our rental property mortgages have or are due to double in price as well as our own residential mortgages. Our gas and electricity bills have gone up just like people who rents have. A cost of living crisis effects everyone.
I have no idea why all landlords are seen as the Earl of Grantham when most of us have no pension and our SINGLE rental property is it.
Anyway, I will defend my original four points you have tried to disprove in such a condescending manner seen as I have just sat through two full days Rent Smart Wales training and you clearly haven't, pulling all your knowledge from your half hour Google search of each of my points this evening.
Firstly, RH(W)A hasn't existed since about 2015. It's now called Rent Smart Wales.
Out of interest do you even live in Wales yourself? I'd say from the fact you clearly haven't done the training or know very little about it, that you don't.
Anyway here we go:
The model occupation contract is 36 pages long and its use is not compulsory (though I don't know why you'd reinvent the wheel) www.gov.wales/sites/default/files/publications/2022-03/model-written-statement-for-a-fixed-term-standard-contract.pdf
AN OCCUPATIONAL CONTRACT IS 10000% COMPULSORY IN WALES so you clearly have absolutely 0 understanding of the main change to Welsh Housing Law. The use of the super basic OC provided by the Welsh Government is not compulsory, but the use of an occupational contract IS compulsory. It's now illegal to issue an old style tenancy agreement in Wales and if you do you are breaking the law and can be fined. All old tenancy agreements have converted to OCs as of Dec 1st and we, as landlords, have until June to issue them.
The standard occupational contract provided by WAG is BASIC. It does not include everything needed to protect a landlord or tennant and as it is a skeleton agreement it contains NO actual terms or supplements bespoke to the landlord or tenant specifically. It's just the BASIC legal agreement. NRLA version is longer.
Several friends have written these for HMOs and ended up in the 100s of pages.
Not withstanding any of this, my last COMPLETE AST was 7 pages long......
36 pages is a lot more pages than 8, especially with bits missing.
www.cpshomes.co.uk/cps-blog/2022/11/15/10-reasons-why-we’re-not-using-welsh-gov’s-model-occupation-contract-1-it-puts-landlords-in-a-weaker-position-than-they-should-be
The "smallest" detail like having an HMO licence where required (Rent Repayment Order), or protecting the deposit (being able to take the LL to court for 1-3x the amount of the deposit)? These are basic requirements, and have been for many years; the penalties have certainly made landlords comply.
Again, it's abundantly clear that you have no understanding of the new Wales only laws. I am not talking about either of these things. A licence has been a requirement for years as has protecting the deposit, this is common knowledge. What I'm talking about is in relation to things in the written statement of the new Occupational Contract.
There are certain things that if not included, can be held against the landlord and penalties payable. This can be as simple as missing a term out of the written statement, deeming it incomplete. Or simply forgetting to inform the tenant of certain things such as moving house.
Now I'm not saying a reasonable tenant would look to pursue these things but many would.
Please see this site:
my-local-solicitor.com/2022/03/14/renting-homes-wales-act-2016-welsh-landlords-time-to-shape-up-or-pay-up/
"Finable offences include and are not limited to:
Fail to give the contract holder a written statement within 14 days from the occupation date specified in the occupation contract.
Fail to provide a complete written statement.
Fail to provide a correct written statement.
Fail to provide a written statement in respect of a conversion from assured short-hold etc; to occupation contract.
Fail to provide information in relation to the landlord – the landlord’s identity and address.
Fail to provide information in relation to a change of identity of a landlord and their address.
Fail to provide a written statement of variation of a periodic standard contract.
Failure to provide a written statement of variation of a fixed terms standard contract.
Examples of compensation/damages
Failure to provide written statement – compensation is payable in accordance with section 87 of the Act and is equivalent to a day’s rent for each day that the written statement is not provided, up to a maximum of two month’s rent until the statement has been provided.
However, If the contract-holder believes the failure to provide the written statement was intentional, section 87 also enables the contract-holder to apply to the court for the compensation amount to be increased.
Interest will be added to the compensation amount if the landlord fails to provide the statement within the two month period.
Section 88 enables the contract-holder to set off any compensation he or she is owed against rent.
Failure to provide a complete written statement of the contract – the contract-holder may apply to the court for a declaration. If
the court concludes that the provision of an incomplete statement was deliberate on the part of the landlord it can order the landlord to pay compensation to the contract-holder and that
compensation may be increased up to a maximum of double the original amount."
SEE ATTACHMENTS
This is untrue; it says here you can give notice 6 months after the tenants have moved in. www.gov.wales/tenants-housing-law-has-changed-renting-homes#110744
Again, you are wrong or have misunderstood what I wrote and you own link which you've posted proves it???* *
Yes, on a periodic contract you can issue 6 month notice 6 months in.
On a FIXED TERM contract (as I stated) of less than two years you cannot issue notice at ANY TIME during the fixed term. This means 6 month notice can only be issued after the term, thus making the minimum term, the term +6 months. Again, as I stated in my original post.
If you have a fixed term AST it has to convert to a fixed term occupational contract. You can't make it periodic.
"if you have a fixed term contract (which says how long the contract is for) your landlord cannot normally issue a notice to end your contract. If you do not leave, the fixed term contract will usually become what is called a periodic standard contract at the end of the fixed term, and your landlord will have to serve a 6-month no fault notice to bring this to an end."
www.gov.wales/tenants-housing-law-has-changed-renting-homes#110744
This is also untrue; it says here that a joint contract holder can only be added with the landlord's permission
www.propertymark.co.uk/membership/knowledge-hub/renting-homes-wales-act.html#:~:text=Joint%20contract%2Dholders,-The%20Act%20sets&text=A%20tenant%20may%20add%20another,become%20a%20joint%20Contract%20Holder.
I never said this wasn't the case! I said you can't reasonable refuse.
Yes the landlord needs to give permission, but unless you can give some kind of 'reasonable grounds' which is wildly vague, the contract holder can take the landlord to court for the court to overturn the landlords decision. We know that the tenants are always right so we all know what way this would go in court.
www.legislation.gov.uk/anaw/2016/1/section/84
www.legislation.gov.uk/anaw/2016/1/section/85
SCREENSHOT ATTACHED.
Seen as your four stated objections are all either factually incorrect, or were already in place before the RH(W)A, I'd suggest having a thorough read of the paperwork before you make any big decisions on your investment and your tenant's home.
So, as I've clearly showed, every single one of my points was either factually correct or misinterpreted by you.
I think you should probably go and do some of the Rent Smart Wales training if this interests you enough so that you actually have some idea what you're talking about instead of using Google to try and look a smart Alec by posting condescending and incorrect replies.