2018 PRS Legistation Updates for Tenants 

• At the beginning of this year there was a change to electronic payment policies in Wales. This means that when you pay using electronic payment methods (debit and credit cards, PayPal, phone payments) you can no longer receive a sub-charge

 

• In April 2018 a Minimum Energy Efficiency Standard (MEES) was implemented and has to be adhered to for all new tenancies. This means that properties must have an Energy Performance Certificate (EPC) and if the rating falls below an E, it cannot be leased out to tenants. This also applies to tenants that are extending or renewing existing tenancies.

 

• In April 2018 a Banning Order was enforced which meant that landlords or letting agents that had evicted a tenant or harassed an occupant will be issued a banning order. They will be then added to a national database and unable to rent out a property for one year minimum.

 

• GDPR (General Data Protection Regulations). In May 2018, the government changed the rules around data protection which meant that landlords and letting agents had to audit and safeguard personal information based on the consent of tenants. This is a way of protecting tenants by ensuring landlords have policies to monitor the information they have and how long they have it.

 

What to expect in 2019

• In June 2018, Welsh Government introduced the Renting Homes (Fees etc.) (Wales) Bill into the National Assembly for Wales. This will abolish a number of letting agency fees. The only payments agencies will be able to request are rent, a security deposit and a holding deposit which is one weeks rent. You will also be required to cover any late payments or the cost of replacing a lost key. The Bill was voted through to the next legislative phase in November.

         See here to read more about the Bill.

• Renting Homes (Wales) Act, 2016 will impact all tenancies in Wales. The Act will require landlords to write a statement to their tenant which clearly sets out the rights and responsibilities of both the landlord and the tenant; although tenants are termed ‘contract holders’ in the Act.  The Act also:-
•  Aims to tackle evictions that are simply a result of tenants complaining about the condition of their home.            
• Allows tenancy to continue for tenants remaining in a property when a joint tenant leaves the contract           
• Targets perpetrators of domestic abuse for eviction to help prevent the individual being abused from becoming homeless.

The sector is yet to receive an implementation date from Welsh Government yet. If you would like to read more about the Rented Homes (Wales) Act, please click here.