CPS Homes

10 reasons why we’re not using Welsh Gov’s model occupation contract – #4: “Tenant-like manner” duties aren’t included

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.

It puts landlords in a weaker position than they should be
Rent periods unclear & no deterrent for lateness
Tenants empowered by “unfit property” term
“Tenant-like manner” duties aren’t included
Inventory requirements too strict for some landlords
Payments in event of default aren’t included
Content exclusive to our managed landlord clients
Content exclusive to our managed landlord clients
Content exclusive to our managed landlord clients
Content exclusive to our managed landlord clients

Let CPS Homes help

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...

  • Work with you to put efficient processes in place well in advance of key dates for new legislation and regulations, ensuring you and your properties are compliant, safe and legal.
  • Save you the cost of a Rent Smart Wales landlord licence and the hassle of ongoing training.
  • Maximise your rental income by ensuring the property is always achieving its full potential.
  • Provide you with your own representative within our Lettings and Accounts departments.
  • Produce a FREE professional walkthrough video tour and photography as part of our standard marketing package.
  • Place you on our VIP Investor list where you'll get priority access to pre-market investment properties before they're listed online.
  • Provide you with peace of mind via our Client Money Protection (CMP) policy, professional indemnity insurance, and redress scheme membership.

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.

    Back

    Posts by date

    Sign up for updates

    By using this form, you agree with the storage and handling of your data in accordance with GDPR for the sole purpose of communication. We respect your privacy and will not share your data with third parties. For more information, please view our Privacy Policy.

    cwtch tile