September 2024

Recently, the UK Government unveiled the Renters’ Rights Bill, a transformative piece of legislation aimed at reshaping England’s private rental sector. This landmark bill, expected to come into effect in 2025, promises to offer tenants greater protection. But what does this mean for Wales? Could we see the Welsh Government adapt its laws to match England’s evolving rental landscape?

Let’s delve into the key differences this proposed legislation would create between England and Wales.

Tenant Protection: A Key Difference

If the English bill is passed in its current form, landlords will be restricted from regaining possession unless specific grounds apply. This change essentially creates unlimited tenancies if tenants wish to remain and none of the stipulated grounds for eviction exist.

In contrast, landlords in Wales enjoy greater flexibility. Although they must wait six months before reclaiming possession, they don’t need a specific reason, providing more control over their properties. However, the process is not without challenges—one small mistake in issuing notices can result in costly delays.

Fixed-Term Tenancies: A Safety Net for Landlords

Another significant difference between the two nations lies in the concept of fixed-term tenancies. In Wales, landlords can still offer these contracts, allowing them to plan ahead with a guaranteed income. In England, however, their abolition could create uncertainty, as tenants may choose to leave on short notice, disrupting rental income streams and potentially making buy-to-let mortgage lenders nervous about future risks.

Rent Bidding Wars: A Rising Concern?

While bidding wars aren’t common practice in most of Wales, some areas might be experiencing this trend, particularly in high-demand markets. The proposed English legislation seeks to curb this practice, though it could be argued that more government action is needed to increase housing supply and ease pressure on the rental market. In Wales, rent levels are currently dictated by market forces, providing a more balanced approach.

Final Thoughts: Wales vs. England

If the Renters’ Rights Bill becomes law in England, the differences between English and Welsh housing regulations will be more pronounced than ever. While England will see stricter rules on tenant evictions, fixed-term tenancies, and rent arrears, Wales maintains more landlord-friendly policies, offering flexibility and control.

For now, landlords in Wales can breathe a sigh of relief, but it’s anyone’s guess whether the Welsh Government will follow suit with similar changes in the future.

Every adult with property or with other assets of more than a couple of thousand pounds should make a Will and register it.

Without a Will, the state directs who inherits and often this will not be the persons who you would want or expect. This is particularly the case if you are not married or in a civil partnership, but equally if you are in such a relationship and have significant assets, rules which apply are very unlikely to have the result you would want. A Will is vital if you have children or other dependants who may not be able to care for themselves.

Once you have decided upon making a Will, you may be tempted to use an online Wills service or a ‘do-it-yourself’ pack. There are many pitfalls in this approach as opposed to using a solicitor.

Solicitors are governed by legislation, regulated and subject to many years of training to qualify. Most solicitors operate on the basis of a personal service and are required to check that you understand what you are doing and that you are not being bullied or forced into the arrangements which you are making. Your solicitor should be able to offer a personal, quality service and to provide advice ranging from tax considerations to preserving assets from care charges, looking to the best way of carrying out your wishes.

If you do not make a Will through your local solicitor, there will often be the uncertainty after your days as to whether you did or did not make a Will, and this can lead to expensive enquiries having to be carried out after your days by whoever is sorting matters out, and also to the risk of it being discovered at the end of the day that someone else is entitled to the assets or property to the person who thought they were, which can lead to costly and upsetting disputes.

The cost of making a Will properly through a solicitor is almost certain to be outweighed by the peace of mind that comes from knowing that your wishes have been put into a legally valid document and saving your family the additional costs which are almost certain to be faced in any situation where there is no Will or where there is uncertainty over whether there is a Will and where it might be.

If you would like to know more about making a Will and the costs involved please contact Adam Bruce or Ceri Davies on 01267 237441.

Could Wales Soon Emulate England’s New Housing Laws?

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