Agents using Welsh Gov’s model contract leave landlords exposed to unnecessary risk
We’re constantly monitoring Welsh landlord legislation to safeguard our clients and protect their investments. We recently discovered another issue with the Welsh Government's model Written Statement (tenancy agreement), this time with regards to abandonment. We’ll explain below…
When and how to deem a property abandoned has always been a grey and risky area, but The Renting Homes (Wales) Act 2016 prescribes the process landlords must use. It states:
“Abandonment
(1) If the landlord under a relevant occupation contract believes that the contract-holder has abandoned the dwelling, the landlord may recover possession of the dwelling in accordance with this section.
(2) An occupation contract is relevant if it is a term of the contract (however expressed) that the contract-holder must occupy the dwelling as his or her only or principal home.”
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What is the new abandonment process?
In short, a specific ‘warning notice’ must be served on the contract-holder if a landlord believes they have abandoned the property. Once this notice expires, a further notice must be issued, at which point the landlord enter the property at any time – using reasonable force if necessary – to take back control of it and to make it and its contents secure. It saves going to court to get a possession order.
There’s more to it than that, but that’s it in a nutshell. Our team are fully versed on the process and can answer any questions you may have on the specifics.
Our advice to landlords...
- Landlords using CPS Homes’ services: Rest assured, our Written Statement includes the necessary clause that allows landlords to use the prescribed abandonment process. This ensures you can follow the streamlined, legally-prescribed path for reclaiming possession of an abandoned property, saving you time and court involvement. If you ever do come to believe your property has been abandoned, we will guide you through the process.
- Landlords using Welsh Gov’s model Written Statements: You won’t be able to use the abandonment process this time around, so fingers crossed you won’t need to. We strongly advise altering the wording next time: not just to protect yourself against abandonment, but to guard against all the pitfalls the model Written Statement exposes landlords to. Better still, give us a shout
- Landlords using other letting agents: If you don’t currently use our Fully Managed, Rent Collection or Contract-Holder-Find services, may well find that your agent is using Welsh Gov’s model without any alterations. We’d strongly advise challenging them on this. Let us know if you need any advice in this regard.
At CPS Homes, we've become the go-to agent for landlords looking for ironclad contracts and complete legal protection. Many property owners have come to us after their current contracts fell short, and we've been able to help. If you have any questions or require assistance with reviewing your contracts, please don't hesitate to contact our team on 02920 668585 or email lettings@cpshomes.co.uk.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
