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Renting Homes Wales - Update for Council Tenants

In the next few weeks all Tenants (Contract Holders) of Flintshire County Council will be receiving a copy of their Occupation Contract (formerly your tenancy agreement). Keep an eye on this coming through your door.

There is no need to sign anything and no need to let us know that you have received it or send a copy back to us.  If you have any questions, please check out the updated frequently asked questions below. If you still cannot find an answer to your question, please contact us.

We will be holding some more information sessions out in the community over the coming weeks where you can come and meet Housing staff who will answer questions about Renting Homes. 

Text stating 'Working together for a safe home for all'

The Renting Homes (Wales) Act 2016 is the biggest change to housing law in Wales for decades and will affect all landlords, agents and tenants.

The changes will occur on 1 December 2022 and will improve how we rent, manage, and live in rented homes.

For more information, please watch this video or visit gov.wales/rentinghomes

Frequently Asked Questions

The Renting Homes (Wales) Act 2016 has fully come into effect as of 1st December 2022.  It is the biggest change to Housing law in Wales for decades.  This has changed the way all landlords in Wales rent their properties, improving the rental experience for everyone.

As a tenant of Flintshire County Council these changes will affect you and it’s important you know what to expect and what you need to do.  Below we have answered some frequently asked questions about the process but you can also visit the Welsh Government website to find out more.

What is the Renting Homes Wales Act?

In 2016 the Senedd passed the Renting Homes (Wales) Act with the aim of making it simpler and easier for landlords and tenants to rent a home in Wales.

It introduces change to tenancy laws and will apply to both social and private rented sectors.

It gives more protection and security to tenants and makes their rights and responsibilities clearer.

What is changing?

Your tenancy agreement will convert into an “occupation contract”. This will replace your tenancy agreement but many of your existing terms will remain the same.  There will be some changes and we will ensure you are made aware of these.

Changes will include areas such as:

  • Increase in security with regards to notice periods for possession
  • Improved safety of properties
  • A fair and consistent approach to anti-social behaviour
  • Increase in succession rights
  • More flexible arrangements for joint contracts

What difference will it make to me?

It will simplify and improve your rights as a tenant.

Will Flintshire County Council still be my landlord?

Yes. You will continue to receive the same service from us.

Will I still be a tenant?

You can still call yourself a tenant but under Renting Homes you will legally be known as an occupation contract holder.

Will I have to move home?

No. Your right to remain in your property is unaffected.

Will it affect my rent?

No. These changes have no impact on your rent, and they will not cost you any money. Rent will continue to increase annually in line with Welsh Government guidelines as it does currently.

The notice period for a rent increase has doubled from one month to two months and there can only be one increase per year. 

Will my benefits be affected?

No there will be no impact on your benefits if you receive them.

What is an occupation contract?

This is the new name for your tenancy agreement. The written statement sets out the terms of your contract. This explains what you can and cannot do, and what we Flintshire County Council, as your landlord, can and cannot do.

When will I receive my occupation contract?

Existing tenants will receive the occupation contract within 6 months from the 1st of December 2022 replacing your Tenancy Agreement.

Regardless of when you receive your contract, the Act will apply to everyone from the 1st of December 2022.

Do I need to sign the contract?

No. You do not need to sign the contract or contact us to let us know you have received it.

The written statement is not a new contract, it’s a written statement of the existing terms and conditions of your tenancy agreement, incorporating some additions and/or changes as required by the Renting Homes (Wales) Act 2016.

Is there anything I need to do?

The only thing you will need to do is read your contract when you receive it and familiarise yourself with your rights and responsibilities. Please keep it safe so that you can refer to it when you need to.

Will it be easier for you to evict me?

No. your right to live in your home remains the same. However, you could still be evicted if you break the terms of your contract such as serious rent arrears or anti-social behaviour

How much notice must I give you if I want to end my tenancy?

You must provide us with at least four weeks written notice if you wish to end your contract. The same as now.

Will I be able to have a joint tenancy?

Yes. The new law makes it easier to add or remove others to an occupation contract as there will no longer be a need to end one contract and start another.

If you are a joint tenant. You will now be called a joint contract-holder.

Also, it’s now much easier for a person to remove themselves from a contract, without putting the remaining person’s contract at risk.

Can I still apply for a transfer?

Yes.  Contract-holders have the right to transfer their secure occupation contract to another person who meets the criteria to qualify. The right is dependent on the landlord, giving permission.

Transfers are permitted in 2 situations:

  • Transfer to a potential successor
  • Transfer to another secure contract-holder

What happens to my succession rights?

The new law improves your succession rights. Succession simply means that when you die you can pass on your home to another family member or carer (if they qualify) that live there with you currently.

Your home can be passed on a maximum of two times – first to a priority successor (for example your spouse/partner) and then a reserve successor (for example your adult child or a carer).

Will you help me if I have problems with my neighbours?

Yes. We will continue to help and support you if you have problems with your neighbours.

All occupation contracts will include a term about anti-social behaviour and other prohibited conduct. If a contract-holder breaches this term of the contract, we can take action.

It covers all behaviours which might impact on other people, including excessive noise, verbal abuse, and physical assault.

Am I allowed to make improvements to my home?

You still have the same rights to carry our improvements to you home. You will need our written permission to do so before carrying out the work. You may also need planning and building regulation approval.

The Renting Homes Act is improving the condition of rental properties. How will this happen?

The new law states that all properties must be safe and fit for human habitation. The aim of these regulations is to ensure all landlords properly maintain properties and that they are safe to live in.

This includes installing hardwired smoke alarms, carbon monoxide detectors and regular electrical safety testing. 

However, if you have any concerns about the condition of your property, please contact us.

Will my repairs still be done?

Yes, we will still carry out repairs we are responsible for. When you report a repair, we will confirm whether there is a repair, who is responsible, (some repairs are contract-holder's responsibility), and confirm the target time for when the repair or pre-inspection visit will be completed.

The repair will be completed within a reasonable time frame, after being reported directly to our Customer Contact Centre (01352 701660). The Council will also offer an appointment service for particular repair works and aim to provide prior notification. We will also make good any damages caused by our repair works.