England’s about to feel it… Wales already has
You’ve probably seen that the Renters’ Rights Act is coming into force in England on 1st May.
There’s a lot of noise around it as it brings a raft of changes that will materially increase the workload for landlords and agents over the border. The speculation is that many English agents will look to increase their fees as a result.
Whilst most of that legislation doesn’t apply in Wales (read on to find out which bit does, including every landlord’s 14-day deadline), it did get me thinking, because England is about to go through a level of change that, in many ways, Welsh landlords and agents have already experienced.
So, I thought it’d be an ideal opportunity to reflect on just how much has changed here over the past couple of years. Even now, a lot of landlords (and agents!) don’t realise what’s legally required of them and what the repercussions could be if they fail in their obligations, so it may serve as a handy reminder too.
Wales didn’t just “change a few rules”
When the Renting Homes (Wales) Act 2016 (RHWA) came into force, it didn’t just tweak a few rules. It fundamentally changed how tenancies operate.
Behind the scenes, that created a significant amount of additional work. Not just at the point of letting, but throughout the entire lifecycle of a tenancy.
A few examples that often go under the radar:
1. Written Statements – get it wrong and it can cost you possession rights + compensation
I’ll start with what’s always felt like a straightforward one (to me at least) because the thought of allowing a tenant to move in without them signing a contract is fraught with enough danger that I wouldn’t allow it to happen. Yet, pre-RHWA (and no doubt post-RHWA too), landlords who have a casual arrangement with their tenant – typically family members or close friends – don’t have anything in writing. Crazy!
Nowadays, landlords are legally required to provide a Written Statement (i.e. tenancy agreement) of Occupation Contract within 14 days of the occupation date.
I get the impression some landlords continue to ignore this part of the law. They do so at their peril because it can be easy to fall out with family and friends when they’re living in a house you own, and it’ll be the contract-holder who holds the upper-hand if that happens.
Practical example: A landlord wants to issue a no-fault possession notice but hasn’t provided a Written Statement. The failure to provide one means they can’t serve the notice until six months after that breach is remedied, but not only that, the contract-holder can claim up to two months’ rent in compensation for every day the Written Statement wasn’t served, plus more if the landlord’s failure to provide it was intentional.
2. Notice periods and compliance – one small miss, big consequences
Serving a notice to regain possession isn’t just about filling in a form anymore.
Take serving a no-fault possession notice as an example. There are a number of pre-conditions that need to be satisfied first, which have significantly added to a landlords’ and agents’ workloads. If one of them hasn’t been met – even historically – the notice can be invalid. That’s time lost, rent lost, and frustration all round.
Practical example: A landlord serves a no-fault possession notice because they want to sell with vacant possession. The contract-holder takes the notice to Citizens Advice and asks if there’s anything they can say or do to avoid them being evicted. Citizens Advice ask the contract-holder whether: they’ve been given a Written Statement and when (see point #1), they were provided with a copy of the EPC, the deposit is protected, they paid a holding deposit within the prescribed limit, they were given a copy of the EICR and gas safety certificate, they have working smoke alarms and carbon monoxide alarms installed. If the answer to any of those is “no”, the landlord can’t serve the notice.
3. Contract variations and mid-tenancy changes
Something as simple as updating a term mid-tenancy now requires a formal variation now requires formal documentation and service within prescribed timeframes.
Handled properly, it’s straightforward. Handled incorrectly, it can be challenged.
Practical (and very real!) example: On 1st June 2026, Wales adopts the very small element of the Renters’ Rights Act that applies here (the part re: anti-discrimination laws). It might be small, but it triggers a requirement for every landlord. As it alters or adds fundamental term(s) of all existing occupation contracts, landlords/agents must act. They’ll have 14 days from 1st June 2026 to either provide contract-holders with an updated version of the full Written Statement of Occupation Contract, or to serve a Statement of Variation setting out the new term(s). The latter is easiest, in my view. If contract-holders don’t receive either one, they can claim daily compensation up to two months’ rent for every day it’s not received.
4. Providing certificates – miss it, and it comes back to bite you
It’s no longer enough to simply have the right certificates in place. Landlords must be able to prove they’ve been provided to the contract-holder, and at the right time.
We’re talking EPCs, Gas Safety Certificates and EICRs, too. Each comes with its own rules around timing and service.
It’s one of those areas where landlords often say, “well, I’ve got it, so I’m covered”. Unfortunately, that’s not how it works anymore.
Practical example: A landlord has a valid Gas Safety Certificate and EICR on file but can’t evidence that they were given to the contract-holder before occupation (or within the required timeframe). When it comes to serving a no-fault possession notice, the contract-holder challenges it. The notice is deemed invalid, meaning the landlord has to go back, remedy the issue, and start again. Weeks or months lost, all because something wasn’t evidenced properly.
What landlords are paying agents for
A lot of the work that goes into complying with RHWA and other associated legislation isn’t visible. Landlords won’t necessarily see the contract wording being checked, the deadlines being diarised, or the audit trail being built in the background.
But that’s exactly the point. The role of a managing agent today isn’t just about finding tenants or arranging maintenance. It’s about navigating an increasingly complex legal framework and making sure nothing slips through the cracks.
Because when something does slip, it’s the landlord who feels it, as “I employed a managing agent” isn’t a defence in court.
A fair question
With England now going through its own wave of reform, many agents there are openly talking about increasing fees to cover the additional workload.
When Wales changed in 2022, we didn’t go down that road here at CPS Homes. But it does raise a fair question.,,
If you’re managing a property yourself, or using a lower-touch agent, how confident are you that all of this is being handled properly?
If you’d like a quick sense check on your current setup – whether with us or elsewhere – we’re always happy to have a conversation. No pressure, just clarity. Get in touch with me today at nikki.lewis@cpshomes.co.uk to get started.
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The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
