Any Landlord issuing a domestic occupation contract for a property in Wales must be registered with Rent Smart Wales to comply with the law.

There is a charge to register or renew registration with Rent Smart Wales. Registrations are valid for 5 years and must be renewed if the property continues to be let.

Any landlord issuing their own occupation contracts and conducting property management themselves and not through an agent must also have a licence.

For more information, including any exemptions to registration and licensing, please visit Landlord Registration – Rent Smart Wales (gov.wales).

The Renting Homes (Wales) Act 2016 came into force in December 2022. The Act has significantly changed renting in Wales, including key terminology.

Instead of issuing Tenancies, landlords will, from December 2022, issue Occupation Contracts (“Contracts”). Tenants have become Occupation Contract Holders or “Contract Holders”. For new contracts issued after December 2022 the contract holders must receive a written statement of the occupation contract within 14 days. Contract Holders may be able to claim compensation if they do not receive the written statement within 14 days.

Though this is not an exhaustive list of changes, some of the key ones are:

• Fitness for Human Habitation: The property must be fit for human habitation and safe to live in. If a possession notice is issued as a result of a repair request the court can refuse to issue a possession order.
• Notice Periods: A no fault notice period has increased to 6 months and cannot be issued within the first 6 months of a contract.
• Joint contract holders: A joint contract holder can leave or join the contract without triggering a new contract.
• Succession rights: Both a priority and reserve successor can succeed the occupation contract.

For more information on changes to renting for both landlords and contract holders, as well as access to further guidance on implementing the changes please go to Housing law is changing: Renting Homes Wales | GOV.WALES

To comply with the Renting Homes (Wales) Act 2016 all rented properties must be fit for human habitation.

Landlords are obliged to ensure their properties are fit for human habitation by keeping them in good repair at all times, and to conduct any repairs required in a reasonable timeframe.

The landlord’s obligation extends to:

• the structure and exterior of the dwelling (including drains, gutters and external pipes), and
• the service installations in the dwelling, such as those:
• for the supply of water, gas or electricity,
• for sanitation, and
• for space heating or for heating water.

There are 29 “matters” that are considered when determining whether a property is fit for human habitation as set out in The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.

In addition, there are 3 measures that must be taken by a landlord for a property to be deemed as fit for human habitation:

• ensuring the presence of smoke alarms in proper working order
• ensuring the presence of carbon monoxide detectors in proper working order
• ensuring the inspection and testing of the electrical installation

Guidance on Fitness for Human Habitation can be found at Fitness of homes for human habitation: guidance for landlords [HTML] | GOV.WALES.

Monmouthshire Letting Service aims to make letting and managing your property a simple and easy process.

Read more > Monmouthshire Letting Service – Monmouthshire

If a contract holder is struggling to pay rent, or has missed rent payments, there are services available that could help them.

Discretionary Housing Payment (DHP)

Discretionary Housing Payments are short term payments to help contract holders meet their rent. They can be used to top up rents or for rent if circumstances have suddenly change.

To get a Discretionary Housing Payment  a contract holder will need to either already be receiving the old scheme Housing Benefit or the housing contribution element through Universal Credit and they will need to prove that they are in need of extra help.

Torfaen Council administer Discretionary Housing Payments on behalf of Monmouthshire Council. You can find out more information on Discretionary Housing Payments and how to apply here.

Discretionary Homelessness Prevention Fund (DHPF)

Monmouthshire Council currently has a small fund to assist those threatened with homelessness to either help to keep existing accommodation or assist with accessing alternative accommodation.

Households can apply for help from this fund even they do not receive state benefits. Households will need to show evidence to us that demonstrate risk of homelessness.

Households can get in touch with the Housing Options Team here to find out if they are eligible for a discretionary housing payment and to make an application . Landlords can potentially apply too.

Employment and skills

The Economy, Employment and Skills service offers support to those actively looking for employment, those preparing to enter the workplace and those who are self-employed, for more information see Home – Monmouthshire Employment and Skills (mccemployskills.co.uk) .

The Housing Support Gateway funds a range of support services to help people access accommodation, or remain in their accommodation, through its Housing Support Grant funding.

Households in Monmouthshire can access housing related support services for free. The support offered will depend on the needs of the household, which could for example be mental health, drug and alcohol, domestic abuse, money management and general floating support.

To access support households can refer themselves or ask another agency to submit a referral on their behalf. The referral process can be found here.

Benefits and income maximisation advice

The council has dedicated benefits advisors who can advise and assist households to apply for benefits that they may be entitled to, and to maximise income.

The Benefits Service sits within the Housing Support Gateway and households can self-refer to the Housing Support service, find out how here.

Monmouthshire Council wants to support landlords to meet their obligations. To do this Landlords may need to take action to protect their own wellbeing or seek further advice and guidance.

The council cannot provide advice on evicting contract holders, or advice on specific cases, but can speak to Landlords about general concerns.

Tai Pawb are currently running the Champions Network as part of Gwent BOOST. The Champions Network is a group of landlords and contract holders working together on key issues facing the Private Rented Sector. Landlords can find out about support for their own wellbeing, as well as training through the Network, find out more here.

Rent Smart Wales have a collection of handy guides for landlords across policies and legislation requirements as well as training options. You can find this on Rent Smart Wales website.

If you are a landlord who has served notice on a contract holder it is important that they contact the Housing Options Team as soon as possible as they will be considered at risk of homelessness.

Email: housingoptions@monmouthshire.gov.uk

Call: 01633 644 644

Once a household contacts the Housing Options Team they will be assessed by one of our Housing Options Officers and offered support. If the household is facing homelessness and is not already receiving support they will be given a dedicated Prevention Officer who will help them to  try and find alternative accommodation.

Please be aware that Housing Options and Prevention Officers will advise households to remain in a property until at least a possession order is granted.

If the household is, or becomes, homeless the Housing Options Officer will refer the household to temporary accommodation if that household is believed to meet the criteria for Priority Need. (Priority Need criteria can be found here). There is a severe shortage of temporary accommodation units in Monmouthshire and placements depend upon what is available on the day, this could be B&B and could be anywhere in the county. Occasionally one of the Housing Options Team may contact a landlord to see if a household can remain in the property until something more suitable can be found.

Households facing homelessness should be encouraged to register with Homesearch. Homesearch is the Choice Based Lettings Scheme run on behalf of MCC by Monmouthshire Housing Association. Households can search and bid for social rent properties on this platform. The wait for socially rented properties has grown with the increase in demand, and homeless households with a priority banding are now waiting on average 13.7 months (as of May 24).