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Real Estate & Construction

Learning from Disaster – The PM’s Grenfell Pledge

Learning from Disaster – The PM’s Grenfell Pledge

Key Contact: Liz Gibbons

In the wake of the landmark final report on the Grenfell Inquiry, the Prime Minister, Sir Keir Starmer, has pledged to ensure social landlords are wholly “held to account” for the safety of their properties.

Whilst the report stopped short of making recommendations directly impacting social housing providers,  the PM’s statement emphasises the rigidity of the onus on social landlords to provide safe, well-built and well-maintained homes – and certainly in preventing the recurrence of a disaster of such colossal measure.

Starmer’s commitment to safety

A key element of Starmer’s pledge is addressing the broader systemic issues identified by the Grenfell Inquiry, including the use of unsafe cladding, fire safety protocols, and the failure of authorities to listen to residents’ concerns.

Starmer has committed to ensuring that all high-rise buildings are retrofitted with safe materials and that fire safety standards are enforced across the board. He has said the government will take the “necessary steps” to speed up building safety works, with further regulation to be expected as a result of the report.

Navigating the fast-paced and often complex change in building regulations can be daunting – but it is of utmost importance that such changes are clearly understood by social landlords so that the industry can meet the expectations.

Stop, listen, act

Starmer’s pledge further represents a broader push for transparency and accountability in the social housing sector. As an industry, we must commit to hearing tenant’s voices and viewing them as an invaluable measure of successes, failures and risks within the communities they live in – taking action from there.

In learning from the numerous failings that led to the harrowing disaster at Grenfell, Starmer promotes that tenant’s homes should be exactly that – homes. Somewhere that is built to the highest safety standards and is maintained to the same degree. As both Grenfell and the tragic death of Awaab Ishak have taught us, small repeated failings can lead to catastrophic outcomes. The Welsh Housing Quality Standard 2023 and the Decent Homes Standard (currently under review in England) should be strictly adhered to, to ensure the foundational right to adequate housing is upheld.

For advice as you consider the implications of the Grenfell report, including issues relating to health and safety, construction and disrepair claims and disputes, please contact our Social Housing team.

What Is Supported Housing & How Has The Law Changed Recently?

What Is Supported Housing & How Has The Law Changed Recently?

Key Contact: Damien Cann

Author: Sam Evans

On 29th June 2023, the Supported Housing (Regulatory Oversight) Act 2023 entered into force. The Act covers exempt supported housing providers that are not subject to Housing Benefit caps operating in the private rented sector. This has resulted in higher payments to providers of this accommodation creating an opportunity for rogue operators to profit from higher rents without the expected levels of care, support, or supervision to the vulnerable residents being housed.

Whilst there are a plethora of new changes in the Act, three changes, in particular, will be relevant for supported housing or exempt accommodation providers:

  1. Minimum standard setting for supported housing. For the first time, the Act grants the Secretary of State for Levelling Up, Housing, and Communities the power to implement minimum standards with respect to the condition of the premises used for supported housing. Such standards will be kept under review by the Secretary of State and so providers should continue to monitor potential changes.
  2. New licensing regime for supported housing. The Act grants local housing authorities the right to oversee various conditions that might be required for a license to be granted, such as the standard of accommodation, the use of accommodation, or the provision of care, support, or supervision. Note the precise licensing regulations will follow in later secondary legislation to be passed by the Secretary of State.
  3. Planning use class. The Act grants the Secretary of State the power to designate supported housing as a new planning use class under the Town and Country Planning Act 1990. This could potentially impose further burdens on providers who wish to provide supported accommodation.

If you are a supported housing provider and would like to discuss the recent changes, please don’t hesitate to contact our award-winning Real Estate Team.

Unlocking The Mystery Of HM Land Registry

Unlocking The Mystery Of HM Land Registry

Key Contact: Liz Gibbons

Author: Joshua Prior

When you’re completing your property deal and we, your solicitors, mention the Land Registry – why should you care?

Firstly, registration with HM Land Registry affords you legal rights and interests in your property. Until registered with the Land Registry, you only have a beneficial or equitable interest; these interests are okay, but they’re not as powerful as legal ones.

The Land Registry operates in accordance with the following guiding principles:

  1. Mirror Principle

The title register of each property which is maintained by the Land Registry should reflect all of the rights and burdens. There are a few interests which may override the register which may not be registered, however any solicitor worth their salt would recommend that any interest you have in a property be noted on the title register.

  1. Curtain Principle

The Land Registry provides a curtain between the legal and beneficial ownership of a property. If a property is held on trust, it is only the legal owners who would be recorded on the title register, ensuring that the beneficial owners remain protected from public scrutiny.

  1. Insurance Principle

The accuracy of each title is guaranteed by the state. If the Land Registry gets anything wrong for any reason you are able to claim compensation for any loss suffered as a result of their mistake.

Further, thanks to the digital age, you no longer need to have a stack of dusty deeds at the bottom of your desk. Nearly everything is recorded digitally at the Land Registry meaning that losing a deed is no longer such a problem.

New legislation like the Economic Crimes (Transparency and Enforcement) Act also means that the Land Registry serves a new purpose work in tandem with Companies House who ensure that we know who the ultimate beneficial owners of overseas companies are. The Land Registry plays its part to restrict any disposition by an overseas company unless they have disclosed specific information to Companies House.

If you’d like to know more about the role the Land Registry plays in your property transactions, please contact our Real Estate Team.

The Dos & Don’ts Of Deeds

The Dos & Don’ts Of Deeds

Key Contact: Damien Cann

Author: Joshua Prior

A deed is one of the most powerful documents you can sign. A deed differentiates itself from a typical contract by reserving itself only for transferring important rights, most commonly used in property, wills, and powers of attorney.

First thing’s first, what is a deed? Deeds are more than just a high-quality piece of paper with a fancy seal on it, they are typically used in property practice to grant leases, transfer property from one person to another, and mortgage property to a lender.

Is a Deed a Contract?

In a word, no. Any law student will tell you that a contract requires three things: (1) offer and acceptance, (2) consideration (each party gets something out of the contract), and (3) an intention to create legal relations (meaning that you intend to be bound by the contract). By contrast, a deed requires no consideration, and, whilst a contract may be verbal, a deed must be written. Further, whilst a contact must be signed by all parties to it, a deed may be unilateral (a deed poll or deed of covenant for example).

What does a Deed require?

The Law of Property (Miscellaneous Provisions) Act 1989 governs the requirements of a deed, which are, simply that:

  1. The document intends itself to be a deed;
  2. The document is validly executed as a deed (meaning that the document is in writing and that the person signing the deed has a witness to that signature (different rules may apply for companies and corporate bodies));
  3. The document is delivered as a deed. This traditionally meant when the document was physically delivered, however modern interpretation is that this means when the signers intend to be bound – this will often be when the document is dated.

Modern Developments of Deeds

Accelerated by the Covid-19 lockdowns of 2020, deeds are now able to be signed electronically via platforms like DocuSign. The Land Registry has stipulated some strict requirements for deeds to be signed this way, but essentially, they need a link emailed to you, a code texted to your phone, a witness to attest your signature, and a conveyancer to sign a certificate. Electronically signing a deed is quicker for everyone and reduces paperwork.

Getting in contact with Acuity

If you wish to discuss the points raised in this article, please contact our Real Estate Team and we will be happy to help.

High Risk Building Compulsory Registration Deadline

High Risk Building Compulsory Registration Deadline

Key Contact: Damien Cann

Author: Rachel McCulloch

In response to the Grenfell Tower disaster, the Building Safety Act 2022 was implemented to reform building safety regulation. Under the Building Safety Act, high rise residential buildings are deemed to be “higher risk” if they have:

  • at least 7 floors or is at least 18 metres in height; and
  • at least two residential units.

In March 2023 the Health and Safety Executive launched the first phase of its building safety campaign “Be Ready” which helps everyone affected by the recent changes to building safety laws to understand what is coming and how to prepare. As part of this, the Health and Safety Executive has made it compulsory for all higher risk buildings in England to register with the Building Safety Regulator, a newly established body to help make high rise buildings in England safer. The ability to register opened in April 2023, and the deadline is the end of September 2023. Those who fail to register and comply with the deadline will be investigated and may face prosecution.

On 23 May 2023, the Health and Safety Executive confirmed that around 750 applications had been started since the registration process opened, but it is estimated up to 12,500 buildings in England meet the criteria for a “higher risk” building and therefore need to be registered.

To register, you need to provide certain information about the building, for example:

  • the building’s name, address and postcode;
  • the number of floors above or at ground level, and its height in metres;
  • the number of residential units;
  • information about the building’s structure and fire safety e.g. fire and smoke controls; and
  • the name and contact details of the principal accountable person.

Getting in contact with Acuity

If you have questions about your obligations under the Building Safety Act 2022, or if you wish to discuss the points raised in this article, please contact our Real Estate Team and we will be happy to help.

Mandatory Social Housing Qualifications: A Help Or A Hindrance?

Mandatory Social Housing Qualifications: A Help Or A Hindrance?

Key Contact: Liz Gibbons

Author: Stephanie Pugh

Regulating England – Setting a High standard

Managers of social housing in England will have to complete a housing management qualification regulated by Ofqual, according to proposals set out in the Social Housing (Regulation) Bill (‘the Bill’) announced in early 2023. The qualification will be equivalent to a Level 4 certificate or Level 5 diploma in housing, or a foundation degree from the Chartered Institute for Housing (the CIH), as part of reforms aimed at further regulating social housing management.

Westminster has suggested that any social landlords that fail to comply could face unlimited fines, should the new law come into force.

‘The changes we are delivering today will make sure social housing managers across the country have the right skills and experience to deliver an excellent service’, said Housing Secretary Michael Gove.

The qualification, to be passed by senior housing management roles, broadly defined as individuals “responsible for the management and delivery of housing and property-related services”, has been welcomed by the CIH, which supports “the government’s focus on and support for professionalism in housing”.

The Welsh Response – recognising the pressures

Inevitably, the proposals led social housing market operators in Wales to speculate about the prospect of similar regulations being implemented across the border.

“We all know there are significant issues and challenges to the housing sector. Yet, without people working in our organisations, we cannot address these challenges. We need to highlight and promote housing as a rewarding career with adequate support and a good work life balance,” said Gareth Leech, chair of the CIH Housing Futures Cymru panel.

A report published following the TAI conference in April found that the cost of living crisis has put a significant strain on frontline workers in social housing due to increased demand for services by tenants, and has highlighted the “rising workloads and insufficient resource”, (Matt Dicks, national director at CIH Cymru).

Despite the pressures, however, the report found that 85% of staff are motivated to work in a sector that strives to benefit tenants and make a positive impact on a community.

Much-awaited confirmation that the Welsh Assembly currently has no intention to mandate social housing qualifications in Wales similar to those proposed in England was released at the end of May this year. Currently, the Welsh Assembly is focusing on supporting and funding an essential sector under pressure, instead of regulation, stating that:

We have… maintained the increase to the Housing Support Grant budget so that it remains at £166.763m despite the extraordinarily difficult budgetary position we currently face.”

Of course, the disaster of Grenfell and the devastating mould-related death of two-year-old Awaab Ishak demonstrate that the sector requires significant reshaping. However, on this occasion it seems the Welsh Assembly have opted for nurturing a positive, motivated and funded environment, rather than a regulatory fix.

Want to find out more? Speak to one of the Social Housing team today.


A Blueprint For Success – Acuity Law Partner Promotions

A Blueprint For Success – Acuity Law Partner Promotions

We catch up with our two newly promoted Acuity partners Liz Gibbons (Real Estate) and Tom Saunderson (Corporate), to find out about their careers so far.

Acuity Law (AL): Did you always want to be a lawyer?

Liz Gibbons (LG): No, actually! I didn’t always want to be a lawyer – I started off wanting to be a journalist. I did work experience as a lawyer and thought: that’s absolutely not what I want to do! I saw a trial, which was interesting, but most of the other days were in a law library researching what was mundane and monotonous law. The reality of my job now is very different. It’s varied, involves meeting lots of different types of people and keeps me busy and entertained on a day-to-day basis – which I love!

Tom Saunderson (TS): Me neither. At school, I wanted to be a doctor. But when it came to picking my A Levels, I didn’t fancy physics or chemistry and picked subjects I enjoyed more, which ruled out medicine as an option… I used to have a reputation in my family for arguing, so everyone told me I’d make a good lawyer and I just kind of went with it! (Laughs)

As with many aspiring lawyers, my only exposure to what it was like to be a lawyer growing up was on TV, and you learn very quickly that’s completely unrealistic. Law as a taught subject is also very uncommon and I think it has one of the higher drop-out rates at university, perhaps because it’s not what people expect. Fortunately for me, I really enjoy it, even if my workday will never look like a day in the life of Harvey Specter.

AL: What was your journey into law, Liz?

LG: I did an English Literature degree at Cardiff University. I graduated and then I got my first temporary job with a mortgage company. I came across a mortgage deed, and somebody said, “Oh, that’s just a piece of paper, that’s not important!”

I knew that was not the case, so it started my interest in property.

“I always did something drastic when [my parents] went on holiday. This time, they came back and I told them I was going to be a lawyer!”

I then saw an advert in the newspaper for an office junior at a Cardiff firm of solicitors. I applied and they told me I was overqualified, but I was offered a job as a legal secretary – and that started my journey.

I was working as a secretary for a property partner, and he said to me, “You ask far too many questions! Did you know you can convert your English degree to Law?” I wanted to understand it, basically.

My parents were on holiday at the time. I always did something drastic when they went on holiday. This time, they came back and I told them I was going to be a lawyer!

I attended Glamorgan University [now the University of South Wales] initially. I did a full-time conversion course while I was still working part-time as a legal secretary. So that was challenging. Then I went to Cardiff University for a year to do the Legal Practice Course and, thereafter, a training contract.

AL: Was it what you expected?

LG: When I was a legal secretary, I remember saying to the partner I was working for: “When I’m qualified, it will be great, because I won’t have to study and do all of the reading and learning!” He just laughed because, obviously, you keep learning every day.

AL: Tom, why did you choose Corporate law?

TS: The cliché is that you’re either a contentious lawyer or you’re not. When it came to studying and practising law, I found that I really didn’t enjoy contentious work; it didn’t suit my personality.

“Doing things in a more collaborative way is a better way to go about work and life in general.”

In the world of Corporate work, generally speaking, everyone is trying to achieve the same thing, and wants to work together to get a structure, a deal or a document that works for both sides. I think that’s quite rewarding – doing things in a more collaborative way is a better way to go about work and life in general.

I work best under pressure, and there isn’t anything quite like getting a deal over the line after being up to your eyes in emails, documents and deadlines, pulling all the various strands together, and then finally completing – that’s part and parcel of being a corporate lawyer, and I find it really fulfilling.

AL: Is there anything you wish you had known when you started out in your career?

TS: When I started my training contract, my first seat was in commercial property and construction, and I really liked the team. Based on that first seat, I made a decision that it was where I was going to qualify, and I didn’t keep a particularly open mind going into my subsequent seats, because in the back of my mind I thought I already knew where I wanted to go.

“It’s never too late to change.”

But actually, when I went back to that seat at the end of my training contract and started doing more of the work, I started to realise that I had made a decision because of the people in the team and not because of the work. I changed my mind and made the decision that I wanted to be a corporate lawyer, and I got into this sort of frenzy because I had already been offered an NQ role and I felt a little trapped. I had to leave the firm to pursue a role in corporate, which was a big decision and felt like a big risk at that stage in my career.

I wish someone had told me to keep an open mind and not jump in too soon. It’s never too late to change; don’t let yourself be shoehorned into an area of law you don’t particularly enjoy or that you’re not suited to just because there is a job there for you. It is a long career and you’ll end up resenting it.

AL: How about you, Liz?

LG: Early on in my career, I didn’t understand the importance and value of your ability to connect with other people and build relationships. The work is great, but unless you have the relationships behind that, you won’t build a network and your client base.

“Relationships are hugely important and it’s not just about the Law.”

I consider many of my social housing clients to be my friends – the individuals I work with in these organisations are the types that like to get to know you as a person as well. Relationships are hugely important and it’s not just about the Law.

AL: What has been the highlight of your career so far?

LG: Making partner was a pretty big moment! Everyone close to me realised how important that was to me. One of my best friends left flowers in my porch and a card, which said, “I know how hard you have worked for this.” I am a single mother with a daughter, and he knows it has been early mornings, working silly hours, working late to make sure that the hours are in but that my daughter has everything she needs too.

TS: The same for me – making partner. It’s seen as the pinnacle or “gold standard” of a law career, and getting that title feels like a massive achievement. I’ve worked very hard, and it feels great to get that recognition from the firm and my peers.

AL: What are your career goals?

TS: I’m working quite hard at developing my own area of specialism, growing my own network and building my own team. I’m quite passionate about working with founders, start-ups and early-stage companies and that is where I’m focused. The aim is to and continue to building those relationships and to get my name out there as being the go-to lawyer when it comes to pre-seed, seed and other early-stage investments.

LG: To continue to grow the Social Housing workstream at Acuity and have a standalone Social Housing team.

AL: What does your typical day look like – how do you spend the bulk of your time?

TS: Since I’ve had kids, and since Covid, that has really changed. Acuity is really good in that I have incredible flexibility on how my working day looks. I drop my little girl off to nursery and I go home, do dinner time, do bedtime and, if I need to, I’ll log on after that. That time is really important to me. As a professional, there’s this expectation that you’ll just work long hours, but at Acuity, I’m supported to have a proper family life outside of work.

“At Acuity, I’m supported to have a proper family life outside of work.”

In terms of what my day actually looks like – it is as you’d expect! I sit at a desk, whether that is at home or in the office, and type furiously for most of the day. That is broken up by phone calls, Teams meetings, coffee breaks and catching up with colleagues. Every now and again, I’ll get out into the world and meet clients and other contacts; that’s the best part of the job, especially when it is on a golf course!

LG: Most of my time is spend on Social Housing-related matters. I grew up in a council house, and my parents still live in the same house I grew up in. I don’t come from a moneyed family, and I think that is why I wanted to be in this area, because you see the value of what you’re doing. Real Estate generally involves money and I work on a variety of property transactions where significant sums of money are involved. However, there’s good that comes out of working for a housing association and acquiring a development site so that much-needed housing can be built.

“There’s good that comes out of working for a housing association and acquiring a development site so that much-needed housing can be built.”

It’s hard juggling the demands of work and managing my role as mum too. But I became a lawyer for a reason, and I can do my job and be a mother. Because where there’s a will, there’s a way, isn’t there? If you want to do it, you find the hours and you do it. But I’ve also always said that my daughter will always come first, and I will be at the school gates. I’m very open about that: I promise I’ll deliver, but I do need to be “mum” as well.

AL: What’s your message to your daughter in terms of her future?

LG: You can be anything you want to be. I’ve already said to her that you don’t necessarily need to go to university for every career. What you need to do is think about what you want to do and go out and get the best experience that you can. Follow your dreams and do what makes you happy. But do everything you do well. I’m not a half-hearted person. If you want to do it, make it count.

Find out more about Liz Gibbons, Tom Saunderson and our Real Estate and Corporate teams.  

MEES Regulations – Are You Ready For It?

MEES Regulations – Are You Ready For It?

Key Contacts: Steve Morris & Gareth Baker

Author: Joshua Prior

Restrictions on UK property law tightened recently with the Minimum Energy Efficiency Standards (MEES) regulations (the Regulations) reaching their next step. As the name suggests, the MEES regulations look to improve the energy efficiency standards of UK domestic and non-domestic rented properties. Per UK law, properties are required to hold a valid Energy Performance Certificate (EPC) which, for rented properties, now needs to be at the level of E, or higher (up to A). The goal of these regulations is to ensure that properties require as little heating as possible, thereby using less energy and the Landlord spending less money. Whilst the UK Government is investing in renewable energy infrastructure, an alarming number of buildings still use traditional fossil fuels to heat the property and with an increase in energy efficiency, the use of these damaging carbon-based fuel sources can be reduced.

This article will discuss what the regulations and the new changes are, who they affect, the possible exemptions and consequences, and a discussion of how these reflect a wider social and economic shift within the UK economy. We will be discussing specific rented commercial properties within this article. If you would like to speak to anyone about any of these topics, please contact the Real Estate Team.

What are the Regulations?

Stemming from the Energy Act of 2011, the MEES regulations were passed in 2015 and came into force in 2018. The regulations initially meant that the Landlord of commercial properties could not issue new leases to tenants if the EPC was lower than an E – unless the Landlord had a valid exemption.

The Exemptions

What are the Consequences?

The Regulations permit a two-pronged penalty for those Landlord which do not comply with the MEES Regulations. The first is a financial penalty on Landlords who do not comply or do not register an exemption, and the second is the reputational damage of the Landlord.

Acuity Law’s Real Estate Finance team, who act for both borrowers and lenders have seen instances where banks will not be willing to offer a loan to a potential customer where that loan would be secured over a substandard property. Whilst the fines are may not be as effective, the threat of not being able to carry out business operations as a result of a substandard property will surely encourage Landlords to comply.

How can Acuity help?

Acuity Law have a large and experienced real estate team who focus on development and portfolio work. We work with many clients in the manufacturing and industrial sections and these are the sectors which are most likely to be hit the hardest by these regulations due to old warehouses and factories not being insulated properly, or insulated with harmful substances such as asbestos.

If you have any concerns that your properties may be substandard, or you are struggling to understand the regulations, please contact our Real Estate team who will be more than happy to talk you through your options and support you through the process.

How do the MEES regulations reflect larger trends?

We have seen a dramatic shift in the UK economy away from fossil fuels and towards greener, renewable energy sources. This shift is exemplified by the MEES Regulations which seek to ensure that carbon footprints from buildings and energy supplies is the lowest it can be. In the coming years and decades the Regulations set out a timetable for increasing the minimum EPC a certificate can hold.

This is reflective of the larger ESG trend towards companies and businesses adoption better environmental, social, and corporate governance policies. At Acuity Law we are no stranger to these trends, adoption many ESG policies ourselves with the help of our very own ESG committee.

Further, Acuity Law have a specialist renewable energy infrastructure sector team, spanning our Corporate, Commercial, and Real Estate teams. If you are interested in developing your own renewable energy infrastructure, please come and talk to us.

If you would like to speak to us about any point in these articles, whether on the MEES Regulations or the wider shift to ESG policies, please contact us at hello@acuitylaw.com.


MEES Regulations – The Exemptions

MEES Regulations – The Exemptions

Key Contacts: Steve Morris & Gareth Baker

Author: Joshua Prior

Please read our MEES Regulations – Are You Ready For It? Article for background to the Regulations.

What are the exemptions?

The Regulations allow for several exemptions and also a test, which is an exemption in all but name. The first exemption is known as the Devaluation Exemption and does what it says on the tin. If, in the reasonable opinion of a qualified surveyor, the works undertaken to improve the efficiency of the property will devalue that property, then the Landlord is exempt from the Regulations.

If the Tenant does not allow you, as Landlord, to enter the property to make the necessary works, then you are exempt for as long as the Tenant is in occupation. This is the second exemption and is known as the Consent Exemption. This one lasts for as long as that tenant is in occupation.

Finally, there are a number of temporary exemptions which mostly cover where the Landlord becomes the Landlord throughout the term of the tenancy either by purchase or other operations of law. These exemptions are intended to protect individuals who may not have had control of the timing of their becoming a Landlord.

What’s the test?

The Payback Test is the one that Acuity has seen in practice most. This exempts a Landlord from being required to carry out works to improve the energy efficiency of a property where the cost of those works exceeds the saved costs on energy spending over the next seven years.

This test involves some very technical mechanics, and if you would like to seek clarifications on these please speak to one of our Real Estate Partners.

How can Acuity help?

Acuity Law has a large and experienced real estate team that focuses on development and portfolio work. We work with many clients in the manufacturing and industrial sections and these are the sectors that are most likely to be hit the hardest by these regulations due to old warehouses and factories not being insulated properly, or insulated with harmful substances such as asbestos.

If you have any concerns that your properties may be substandard, or you are struggling to understand the regulations, please contact our Real Estate team who will be more than happy to talk you through your options and support you through the process.

If you would like to speak to us about any point in this article, please contact us at hello@acuitylaw.com.


Do You Know The Terms of Your Tenancy Agreement?

Do You Know The Terms of Your Tenancy Agreement?

Key Contact: Damien Cann & Jennifer Butcher

Author: Harriet Bland

Background of the 2016 Act

Under the Renting Homes (Wales) Act 2016 (the “Act”), in force since 1 December 2022, tenancy and license agreements have been replaced by ‘occupation contracts’, and tenants and licensees have become ‘contract-holders.’ Any new tenancies granted in Wales, with very limited exceptions, are now subject to the new regime. This is also the case for any existing tenancy agreements which have been ‘converted’ to the relevant occupation contract.  The Act is designed to give contract-holders more security of occupation and in many circumstances, a periodic tenancy will automatically arise at the end of the fixed term which cannot be terminated by less than six months’ notice. There is an exception for converted contracts where the notice period is reduced to two months provided that notice is served prior to 1 June 2023.

Written statements

The Act requires landlords to provide a written statement that sets out the terms of the contract. The statement must include all the required contractual terms, including:

  • Key matters – including the address of the dwelling, the occupation date, the amount of rent, and the rental period;
  • Fundamental terms are divided into F and F+ terms. An F term cannot be omitted from the contract or changed and an F+ term can be omitted or changed, if the parties agree, but only if it improves the position of the contract holder. For a converted contract, if any of the existing terms are incompatible with a fundamental term, then they will be deleted;
  • A supplementary provision will automatically be included as part of the contract unless the contract-holder and landlord agree to omit the term or change it to benefit the contract-holder or landlord. These terms cannot be omitted or modified in a way that would make them incompatible with a fundamental term. For converted contracts, if these terms are incompatible with the terms of the existing tenancy, they will be omitted. Once the landlord has subsequently given the contract-holder a written statement, these terms can be left out or changed as above. Any omission or change to a supplementary provision must be set out in the contract; and
  • Additional terms are provisions agreed between the landlord and contract-holder, which can cover any other matter, provided they do not conflict with a key matter or a fundamental or supplementary term. Converted contracts can include terms of the contract, which are not incompatible with a fundamental or supplemental term, agreed by contract-holder and landlord prior to its conversion, which continues to have an effect.

For new rentals, the written statement must be issued within 14 days of occupation under the contract and for existing tenants, landlords have a maximum of 6 months from the implementation date to issue the statement. This means landlords only have until 1 June 2023 to provide this statement before sanctions start to apply. Irrespective of the content of the written statement landlords still need to comply with the sections of the Act which regulate or restrict standard occupation contracts which have been in force since its implementation. These include provisions relating to the consequences of failing to comply with certain statutory requirements, the landlord’s consent procedure, and a right of succession.  

Possible sanctions  

A contract holder is entitled to compensation equivalent to the amount of rent paid under the occupation contract until the written statement is provided. The sanctions may also apply if the landlord provides an incomplete or incorrect statement.  Punitive sanctions can be imposed for deliberate default.

Model written statements have been issued by the Welsh Government; however, these do not include many of the additional terms a landlord would expect to see and landlords must remember, any that are included must not cut across the fundamental terms.

A Landlord is also prevented from serving termination notices under an occupation contract unless the written statement has been given within the prescribed periods.

How we can help

We have advised landlords on transactional and contentious matters under the Act since its inception. For further information or advice, please reach out to our Real Estate Team.


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