Renting a home in Wales: occupation contracts, repairs and deposits

For a contract-holder in Wales whose landlord has not carried out repairs after being told. It follows the Pre-Action Protocol for Housing Disrepair Cases (Wales): the defects and when they were reported, the effect on your health and belongings, the documents you ask the landlord to disclose and a proposal for a single joint expert. The landlord should reply within 20 working days of receiving it. If the repairs and compensation are not agreed, the next step is a claim in the County Court.

For a contract-holder in Wales who has not received the written statement of their occupation contract, needs a further copy, or received one that leaves out terms the Act requires. A landlord must give the written statement within 14 days of the occupation date (section 31 of the Renting Homes (Wales) Act 2016). If it is late, the landlord owes compensation of a day’s rent for each day from the occupation date, up to two months’ rent (section 35), and cannot give a valid no-fault notice while it is missing. The Welsh Government’s model written statements are free.

For a contract-holder in Wales whose home needs repairs or is unfit to live in — damp and mould, no heating or hot water, leaks, unsafe electrics, missing smoke or carbon monoxide alarms. Under sections 91 and 92 of the Renting Homes (Wales) Act 2016 the landlord must keep the dwelling fit for human habitation and keep its structure, exterior and service installations in repair, within a reasonable time of becoming aware of the problem. The letter reports each problem with photos, offers access, asks for an inspection within 14 days and confirms you will keep paying the rent.

For a contract-holder in Wales who rents from a private landlord on a periodic standard occupation contract and wants to move out. Under sections 168 and 169 of the Renting Homes (Wales) Act 2016 you give the landlord written notice of the date you will give up possession, at least four weeks after the day the landlord receives it — not England’s two months. The contract ends on that date if you leave by then. The notice asks for a check-out and the return of your deposit and gives your new address. Send it first class with a free certificate of posting, and by email too.

For a tenant in England or a contract-holder in Wales who has moved out and is still waiting for the deposit. A letter before claim to the landlord or letting agent: it gives the date the tenancy ended, the deposit and the scheme protecting it, asks for the deposit back within 14 days or a written list of any deduction with evidence, and says which deductions you dispute. If you cannot agree, the next step is the scheme’s free dispute service, then the County Court. In England, if the deposit was never protected, use the letter before claim for an unprotected deposit instead.

For the end of a tenancy in England, Wales or Scotland (in Wales, an occupation contract). It records the day the keys were returned, the final meter readings, the condition of each room compared with the check-in report and anything the tenant does not accept. Signed by both — or, if the landlord or agent does not attend, completed by the tenant alone with dated photos and sent to them by email and first class post. It is the evidence the deposit scheme’s free dispute service looks at.

For a leaseholder of a flat or house in England or Wales who pays a variable service charge and wants to see how it is spent. Under sections 21 and 22 of the Landlord and Tenant Act 1985 the letter asks the landlord or managing agent for a written summary of the costs for a service charge year and, if you already have a summary or the year-end accounts, for facilities to inspect the accounts, receipts and other supporting documents and take copies. Failing without reasonable excuse to comply is an offence. The Leasehold Advisory Service (LEASE) publishes free model letters.

For landlords, letting agents and tenants in England, Wales or Scotland at the start of a tenancy — in Wales, an occupation contract. It records the condition of each room, the furniture and appliances, the meter readings, the keys and the smoke and carbon monoxide alarms, refers to dated photos, and gives the tenant seven days to add comments. Both sign it. No law requires a landlord to make an inventory (in Scotland, a letting agent who manages the check-in must), but the deposit schemes’ free dispute services rely on one when a landlord proposes deductions at the end.