From reading David Smith's recent post, it appears that many Welsh landlords are using the Welsh Government's model contract without amending it.
As background information.
New rules will come into force in Wales from 1 December 2022. These include prescribing terms in tenancies (now called “occupancy agreements”), which are now mandatory.
However, landlords who use the model agreements without amending them are obviously unaware that they omit many provisions that most landlords would expect. Indeed, I suspect that landlords using the model agreements would be shocked to find that they are not there.
for example:
17 clauses missing from the Welsh Model Contract
The contract does not state the circumstances under which the landlord can make deductions from the deposit. This is essential if the landlord wants to make a claim. It renders the deposit received by the landlord using the model contract useless. (This is the main problem discussed in David's post) The contract does not make any provision for paying rent in advance. Therefore, the default position applies, i.e. rent is paid in arrears. Deductions from the rent (other than those permitted by law) are not prohibited. It does not provide for paying interest on unpaid rent. It does not provide for the payment of utility bills. It does not say that the tenant must use the property as a “sole or main residence”. This means that if the tenant moves out, the landlord cannot use the abandonment procedure or terminate the co-tenant's contract. There are no restrictions on visitors. It does not prohibit pets. It does not provide for recovering lost craftsmen's fees if the tenant refuses entry. It does not provide for the landlord to be able to show the property to future tenants or buyers. There is no requirement for the tenant to keep the escape route clean. There is no requirement for the tenant to tend the garden.There is no requirement for tenants to get permission from the landlord before carrying out any renovations There is no requirement for tenants to vacate the property at the end of the contract (i.e. not move out) There is no requirement for tenants to provide a new address and telephone number when they move out There is no provision for what should be done with items left behind at the end of the contract There are no data protection clauses
This is a quick list I created by looking at our Landlord Law Wales Occupancy Agreement and listing some of the clauses we have added.
These are not all the cases, there are many more (the missing verses are not the only problem), but these are some of the most important omitted verses.
Defending the Welsh Government
The Welsh Government will no doubt argue that all this is something landlords should add to their own contracts – it is not the Government's job to help them.
That's fair enough, but by calling it a “model contract” it gives the impression that it contains everything a landlord needs.
In reality, it is a complete list of prescribed terms that must be included in the contract.
It might be helpful if you could make this more clear.
Make sure you use the revised agreement
So if you're a landlord in Wales, don't use the unamended model contract – you could find yourself in serious trouble.
There are plenty of decent Welsh Occupancy Agreements out there, including the Propertymark version owned by the NRLA and used by many agents.
Needless to say, we have amended Welsh tenancy agreements in accordance with the Landlords Act for our members, which include all the additional clauses we deem necessary, and which have also been reviewed and approved by our members in Wales.
Find out more about Landlord Law Tenancies and Occupancy Agreements and check out our content for members in Wales.