Crucially, landlords have to by law provide their new and existing tenants (now known as “contract-holders”) with a written statement of terms. This does not apply to tenancies that began before 15 January 1989.

New and existing tenancies

For new occupancies, the written statement must be provided within 14 days from the day that the occupier moved in. For existing tenancies, the new written statement must be provided to the occupier no later than 31 May 2023.  This applies whether or not there was already a written agreement in place.

There are potentially serious consequences if a landlord does not fully comply with these obligations, including financial penalties. It may also be more difficult to gain possession when needed.

Occupation contracts

Most housing agreements will be known as “occupation contracts” and tenants will be known as “contract-holders”.  This applies to both new and existing agreements, with the latter automatically becoming “converted occupation contracts” on 1 December 2022.

Changes have also been made to a landlord’s ability to terminate a housing agreement, depending on the date that the occupier started living in the property.

Contract termination

Generally, new occupation contracts starting on or after 1 December 2022 can be terminated by giving the occupier six months’ notice. 

However, if the occupant is the landlord’s agricultural worker who took occupation before 1 December 2022 (and so the agreement has become a “converted occupation contract”), then the landlord may still need to find a legal ground for possession depending on how the agreement was formalised.  It is not always obvious whether a ground for possession is required to terminate an agreement, as this depends on whether the agreement was created as an Assured Shorthold Tenancy (“AST”) or an Assured Agricultural Occupancy (“AAO”). 

Agricultural workers who took occupation before 15 January 1989 are not affected by these changes. You must check your records for the occupation date to make sure the new rules do not apply to you.

Key property requirements

There are also new requirements for landlords to ensure that properties under occupation contracts are in repair and fit for human habitation.  Key requirements include the following:

• There must be a carbon monoxide alarm in every room which has a gas appliance, oil fired combustion appliance or solid fuel burning combustion appliance.
• Each storey of the dwelling must have a mains wired smoke alarm which must be linked to every other smoke alarm in the building
• Each dwelling needs to have a valid Electrical Condition Report (these will need to be renewed every five years).

The requirement for carbon monoxide alarms applies to all dwellings on occupation contracts from 1 December 2022.   For new contracts, the requirements for smoke alarms and electrical testing apply from 1 December 2022, but landlords with pre-existing tenancies will have 12 months to comply with the additional requirements.  

Information and advice

Whether you are a new or existing landlord, our Specialist Advisers at NFU CallFirst can provide you with further advice on 0370 845 8458.

More information is also available on the Welsh Government website.