Renting homes in Wales

Document type
Report
Corporate author(s)
Great Britain. Law Commission; Great Britain. Ministry of Justice
Publisher
TSO
Date of publication
1 April 2013
Series
Cm 8578; Law Comm; no. 337
Subject(s)
Legislation, Housing and Homelessness
Collection
Social welfare
Material type
Reports

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The current legal framework for residential renting in Wales is complex, detailed and often obscure. Rights and responsibilities depend, amongst other things, on the lease/licence distinction, the status of the provider and the commencement date of the agreement. There is no statutory requirement for full written contracts and no requirement that any contract that is provided accurately reflects the occupier’s legal position. Some forms of renting are excluded from statutory schemes, and regulated only by the common law and unlawful eviction legislation. Others, such as supported housing, sit uneasily within the current framework, meaning that some everyday practices of providers put them at risk of legal action.

At the heart of the Renting Homes recommendations is the replacement of dense statutory provisions, obscure common law rules and multiple tenancy types with statutorily regulated contracts to be used by all rental providers. Model contracts, underpinned by statute, will set out the basis upon which accommodation is rented, provide clear and accurate statements of the rights and responsibilities of the parties, and explain the circumstances in which rights to occupy may be brought to an end. The contracts will be easily available and easily understood.

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