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The common law concept of "tenant-like manner" ceased to exist in Wales when The Renting Homes (Wales) Act was introduced in December 2022, meaning the phrase landlords have relied upon for decades to illustrate to tenants (now "contract-holders") that they are expected to do the little jobs around the house that someone would normally do as a householder – such as changing fuses, unblocking sinks and cleaning windows – suddenly vanished into thin air.
The legislation states: “The rule of law under which a tenant has an implied duty to use demised premises in a tenant-like manner does not apply to a contract-holder if the tenancy is an occupation contract.”
As a result, there’s no mention of these duties in Welsh Gov’s model Written Statement (formerly a "tenancy agreement"), meaning landlords who use it are liable for a lot more call-out charges than they previously were.
However, obligations relating to taking care of the property on a day-to-day basis can be covered by the inclusion of additional or amended terms to the Written Statement.
The enhancements we’ve made
In our Written Statement, we’ve protected our clients by including a large number of tasks the contract-holder will be required to undertake as and when they arise. A few of them are mentioned above, but we’ve added a whole lot more than that. We can't reveal them all here as they're an exclusive benefit to CPS Homes clients.
Finally, it should be noted that landlords remain liable for the upkeep of the structure, exterior, installations and items provided, and fair wear and tear continues to be allowed.
We're experts on The Renting Homes (Wales) 2016 Act and are helping prepare landlords for the changes. By instructing us to manage your property, we will...
To discuss CPS Homes taking over management of your property, contact our Senior Property Investment & Market Advisor, Rhys Owen, today via rhys.owen@cpshomes.co.uk or 02920 668585.
15 November 2022
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
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