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Renting Homes (Wales) Act 2016 – Key Updates for Landlords and Contract-holders

The Renting Homes (Wales) Act 2016, introduced to simplify rental agreements and enhance clarity for both landlords and contract-holders, continues to shape the legal landscape in Wales. Most recently, its impact has been highlighted due to a significant court ruling, which reinforces the importance of adhering to landlord obligations under the Act.

If you are a landlord, contract-holders, or property manager operating in Wales, this guide will provide you with insights into the Renting Homes Act, the recent updates, and their implications for rental practices.

Renting Homes (Wales) Act 2016 at a Glance

The Renting Homes (Wales) Act 2016 consolidated myriad tenancy agreements into a single, straightforward code. This legislation seeks to improve transparency, ensure property fitness, and create a fairer system for both landlords and renters.

Central to the Act are provisions making all rented homes in Wales subject to uniform criteria for fitness for human habitation, as outlined under the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022. Landlords are principally responsible for ensuring compliance with these standards, including providing necessary safety documentation like Electrical Installation Condition Reports (EICRs).

The recent court ruling in Coastal Housing Group Ltd & Ors v. Mitchell & Ors [2024] EWHC 2831 (Ch) highlights just how crucial these provisions are.

Recent Court Case Highlighting Landlord Obligations

On 8th November 2024, a High Court ruling examined the case of Coastal Housing Group Ltd & Ors v Mitchell & Ors, specifically addressing landlord non-compliance with electrical safety documentation under the Renting Homes Act.

The case centred around the delivery—or lack thereof—of Electrical Installation Condition Reports (EICRs) to contract-holders. While the EICRs were commissioned and obtained by landlords, they were not physically shared with contract-holders by the deadlines stipulated under regulation 6 of the Fitness for Human Habitation (Wales) Regulations 2022.

Court Decision

The Court held that failing to deliver these vital electrical safety reports to contract-holders constituted a breach of regulation 6, rendering the dwellings unfit for human habitation. Due to this breach, contract-holders were deemed no longer liable to pay rent during the period of “unfitness.”

Interestingly, while none of the defendants had withheld rent due to this failure, they launched counterclaims demanding repayment of their rent from the claimant housing associations. These counterclaims will likely spark further legal developments in 2025.

Implications for Landlords

This ruling puts a sharp focus on the obligations set out under the Renting Homes (Wales) Act 2016. Specifically, landlords must provide contract-holders (contract-holders) with vital safety documents like EICRs to maintain compliance and avoid potential rent repayment liabilities.

Landlords and letting agencies would do well to treat the judgment as a cautionary tale. Mitigating such risks requires robust processes to ensure timely delivery of safety certificates and proper recordkeeping to evidence compliance.

Essential Takeaways for Landlords

To assist landlords and property managers in navigating these new developments, here are key practices to implement immediately:

  1. Timely Delivery of Electrical Safety Certificates

Landlords must provide contract-holders with Electrical Installation Condition Reports (EICRs) either before their tenancy begins or as soon as the report is available. Delayed or missed delivery could classify the dwelling as unfit for habitation, which in turn nullifies rent requirements for affected periods.

  1. Maintain Proper Documentation

Keeping meticulous records is essential. This includes evidence that EICRs, gas safety certificates, and other required documentation have been provided to contract-holders. Digital receipts, delivery confirmations, or written acknowledgements from contract-holders can help substantiate compliance.

  1. Understand Your Obligations under the Act

Beyond EICRs, landlords should ensure compliance with other obligations outlined under the Renting Homes Act, namely providing a written statement of terms and fulfilling ongoing repair responsibilities.

  1. Conduct Regular Property Inspections

Routine inspections will help verify whether your property continues to meet fitness standards under the Fitness for Human Habitation Regulations. Acting proactively on repairs and upgrades reduces the chance of disputes.

  1. Stay Updated on Legal Developments

Cases like Coastal Housing v Mitchell highlight how even minor lapses can have significant repercussions. Monitoring legal updates and regulatory changes is crucial to avoid unexpected liabilities. Working with legal advisers specialising in landlord-contract-holders law can ensure thorough understanding and adherence to new requirements.

Key Insights for Contract-holders

Contract-holders have broader protections under the Renting Homes (Wales) Act. Among these is the right to adequate safety documentation and habitable living conditions. If you are a contract-holders, here’s what you need to know about your rights in light of recent court rulings:

  • Request Missing Documents: If landlords fail to provide documents such as EICRs, you can formally request them.
  • Habitable Standards: Properties must meet a minimum standard for human habitation. Missing safety documents could signal a breach of these standards.
  • Non-Payment of Rent in Breach Cases: Where landlords breach their legal obligations and properties are deemed unfit for habitation, contract-holders may not be required to pay rent for the period of unfitness. Consult legal advice if unsure.

If you are uncertain about your rights under the Renting Homes (Wales) Act, reaching out to qualified legal professionals is a prudent step.

The Importance of Professional Guidance

While the Renting Homes (Wales) Act was designed to simplify the rental process, navigating its particulars can still be a challenge—especially in rapidly evolving legal landscapes like this one. Whether you’re a landlord needing to audit your compliance protocols or a contract-holders concerned about your rights, professional legal assistance ensures you’re well-informed and well-prepared.

At CJCH Solicitors, we have extensive experience advising landlords, contract-holders, and property managers on their obligations and rights under the Renting Homes (Wales) Act. Our team is ready to walk you through compliance requirements, risk mitigation strategies, and dispute resolution options.

Need Further Assistance?

If you have questions about the Renting Homes Act or require legal support, don’t hesitate to contact CJCH Solicitors. Together, we’ll ensure you are equipped to handle your legal obligations with confidence.

Reach out today to explore your options and receive expert guidance.

CJCH supports World Mental Health Day

CJCH WMHD

In the hustle and bustle of modern life, taking care of our mental health often takes a backseat, especially in the workplace. Yet, as we approach World Mental Health Day 2024, it’s time to prioritise mental wellbeing at work. This day is not just a date on the calendar; it’s a call to action—a reminder that mental health matters every day and everywhere.

World Mental Health Day, marked annually on 10th October, provides an opportunity to raise awareness and mobilise efforts in support of mental health. The theme for 2024 focuses on promoting mental health at work, recognising that our workplaces are more than just spaces for productivity—they are environments where we spend a significant portion of our lives. By cultivating mental health at work, businesses not only enhance their bottom line but also contribute to a healthier society.

Understanding the Importance of Mental Health at Work

Mental health in the workplace is crucial. It’s not just about avoiding stress or burnout; it’s about creating an environment where employees can thrive. A mentally healthy workplace fosters creativity, productivity, and job satisfaction. It reduces absenteeism and turnover, leading to a more engaged and committed workforce.

The workplace can be both a source of stress and a place for support. When organisations prioritise mental wellbeing, they send a powerful message to their employees—that their mental health is valued and supported. This, in turn, creates a culture of openness and acceptance.

The Impact of Mental Health on Work Performance

Mental health has a direct impact on work performance. Employees who are mentally healthy are more focused, productive, and motivated. They are better equipped to handle challenges and make decisions. In contrast, poor mental health can lead to decreased concentration, increased errors, and reduced efficiency.

A supportive work environment that promotes mental wellbeing can mitigate these negative effects. When employees feel supported, they are more likely to seek help when needed, leading to early intervention and better outcomes.

How can we prioritise our mental health at work? The below tips are taken from the helpful materials provided by Mind, available at: https://www.mind.org.uk/workplace/mental-health-at-work/tips-for-employees/

Reclaim Your Lunch Break

One simple yet effective way to promote mental health at work is by reclaiming your lunch break. Many employees skip this vital break, believing it will increase productivity. However, taking a break allows you to recharge, refocus, and return to work with renewed energy. Use this time to step away from your desk, enjoy a meal, or engage in a relaxing activity. Your mind and body will thank you.

Achieving Work-Life Balance

Achieving work-life balance is essential for maintaining mental wellbeing. It’s easy to fall into the trap of working long hours, but this can take a toll on your health and happiness. Set clear boundaries between work and personal life. Leave work at work and make time for the activities and people that bring you joy. Remember, a balanced life leads to a more fulfilling and productive work experience.

Creating Clear Boundaries

Creating clear boundaries between work and home is crucial for mental health. When work spills over into personal time, it can lead to stress and burnout. Designate a specific area for work, especially if you work from home, and stick to it. This helps you mentally separate work from home life, making it easier to switch off and relax after a long day.

The Power of a To-Do List

A to-do list is a powerful tool for managing stress and improving productivity. At the end of each day, write down tasks for the next day. This simple act helps organise your thoughts and reduces anxiety about what needs to be done. With a clear plan in place, you can approach each day with confidence and focus.

The Commute as a Time to Wind Down

Use your commute home as a time to wind down from work. Whether you read a book, listen to music, or take a leisurely walk, this transition period helps you shift from work mode to relaxation mode. These small actions can make a big difference in how you feel when you arrive home.

Asking for Help and Support

Never hesitate to ask for help if you’re feeling overwhelmed. Speak to your manager, HR team, or a trusted colleague. Many companies have Employee Assistance Programs (EAPs) that provide confidential counselling and support. Remember, seeking help is a sign of strength, not weakness.

CJCH’s Commitment to Mental Health

At CJCH, we are committed to supporting mental health at work. We recognise the importance of creating a positive and inclusive work environment where everyone feels valued and heard.

The Role of Employers in Promoting Mental Health

Employers play a vital role in promoting mental health at work. By implementing policies and practices that support mental wellbeing, they create a culture of care and support. This includes offering mental health training, promoting work-life balance, and providing access to resources and support networks.

Building a Supportive Work Environment

Building a supportive work environment is key to promoting mental health. Encourage open communication and create a space where employees feel comfortable discussing their mental health. Celebrate achievements, provide regular feedback, and recognise the contributions of each team member.

The Benefits of Mental Health Initiatives

Investing in mental health initiatives yields numerous benefits. Companies that prioritise mental wellbeing see increased employee satisfaction, improved retention rates, and enhanced overall performance. A focus on mental health is not just beneficial for employees; it’s also a wise business decision.

World Mental Health Day 2024 is a reminder that mental health matters at work and beyond. By implementing strategies to promote mental wellbeing, both individuals and businesses can thrive. Take the first step towards a healthier workplace today.

CJCH is committed to building a future where mental health is prioritised and supported every day. For more information, explore our resources and services.

Remember, mental health is not a destination; it’s a continuous journey. Let’s support each other and create a world where mental wellbeing is valued and celebrated.

How does the Court decide what is fair in a financial settlement?

Question mark

How does the Court decide what is fair in a financial settlement?

In determining what order to make, the Court has a wide discretion which means that it can make orders that best suit an individual family’s circumstances. It has the duty to consider all the circumstances of the case. The starting point for the Court in terms of their approach to dividing matrimonial assets is a 50:50 division, with first consideration being given to the welfare of any child of the family under the age of 18.

Therefore  the Court can depart from this with a view to achieving fairness, such as if one party’s needs dictate that they should be entitled to a greater share.  Consideration is also given to any agreement made before or during the marriage (a pre-nuptial or post-nuptial agreement).  These agreements can also have a significant effect on what the court decides.

Although the Court needs to have regard to all the circumstances of the case, Section 25 of the Matrimonial Causes Act 1973 sets out a list of factors that the Court must have particular regard.  The weight attached to each factor will adjust from one case to another. In brief, the specific factors the Court must have regard to are:

  • each person’s income, earning capacity, property and other financial resources that are available now and/or in the foreseeable future
  • each person’s financial needs, obligations and responsibilities as they are now and/or in the foreseeable future
  • the standard of living enjoyed by the family before the breakdown of the marriage or civil partnership
  • each person’s age and the length of the marriage or civil partnership
  • any physical or mental disability that either party has
  • contributions that each person has made, or is likely to make in the foreseeable future, to the welfare of the family, including any contribution by looking after the home or caring for the family
  • the conduct of each of the parties, if that conduct is such that the Court considers it would be unfair to disregard it (although it is very rare for conduct to be taken into account unless it directly affects the parties’ finances), and
  • the value of any benefit which either party will lose the chance of acquiring as a result of the divorce or civil partnership dissolution.

If you need further advice, contacting us is simple; call now on 0333 231 6405 where a friendly member of our team will be happy to help.  Otherwise you can contact us via  admin@cjch.co.uk or view of easy to use website at www.cjchsolicitors.co.uk

 

 

Does the Court have to make a Clean Break in all cases?

scales of justice

Each case always has to be considered on an individual basis.  However, the Court is under a duty to consider the merits of the case and whether it would be appropriate to bring both parties’ financial obligations to the other to an end.  Whilst there is no presumption in favour of there being a financial clean break, sometimes, in certain circumstances, this is not appropriate and therefore the Court will consider a reasonable time frame. Where there are children (particularly young children) a clean break may not be fair or possible.   The Court will always consider the assets available to divide between the parties and assess both the immediate income of the parties (to meet their outgoings), as well as their future earning ability.

Sometimes spousal maintenance is considered as a way to ensure one party’s financial needs are secured albeit for a period of time only.  It may be that the Order creates a time frame for receipt of such or it may be that a lump sum is ordered for the benefit of one party. This is known as capitalisation of maintenance.  The intention of this type of Order would be to provide the receiving party with a sufficient fund to meet their income needs (without making an order for spousal maintenance), thus enabling an immediate clean break to take effect.

Where an order provides for a clean break between the parties (whether by agreement or imposed judgment), that the order approves how the capital assets are to be divided between the parties. The order will also state that all other claims between the parties are dismissed.  This means meaning that neither party can seek to bring any further claims against the other party in relation to the marriage or civil partnership in future.  This allows both parties to move on with their lives financially independent.

Is there only one type of Clean Break Order?

No.  As has been stated, each individual case is viewed and considered on its own individual merits.  Therefore, as every case is different, the orders have been developed to meet differing needs.  Clean break orders can also cover both  capital (the assets) and income (now and future).  Sometimes, the Clean Break Order will just refer to capital only.   Sometimes, the Clean Break Order may be deferred; or have triggering events (such as re marriage or death) that will bring it to an end. It is usual to ensure that the Clean Break Order ends claims that could be made against the other party’s estate on Death.  However, if there are children of the family or there is ongoing spousal maintenance, this may be modified.

If, by example, spousal maintenance is necessary, it may not possible to achieve  a financial clean break as to capital and income.  Therefore the Court may consider looking at the two aspects slightly differently.  It may be possible to end capital claims (by selling the matrimonial home and splitting the proceeds of sale between the parties)  but the income needs of the parties remain imbalanced.   The Court may order a Clean Break order as to Capital only in that situation and cover  ongoing payments of spousal maintenance.  In that case, neither party can seek any further orders against the other regarding capital assets flowing from  the relationship, to include  pensions, or lump sum payments or property adjustment orders.

In the alternative, there may be insufficient assets for capitalisation.  In those circumstances,  the Court could consider whether a deferred clean break is possible (and not an immediate clean break).  In such circumstances the Court will need to consider income resources of the parties (along with other balancing factors such as future earning abilities of the parties).  It may be appropriate to consider spousal maintenance and particularly, the  period of time that maintenance may be in payment for.  Sometimes, it is necessary for this to be for a fixed period of time only (to cover a particular life event for instance) or (albeit more rarely now) on  a joint lives basis .

The period of time that is ordered is considered by example, one of the parties qualifying into a role that would bring greater financial independence (therefore the period of time that spousal maintenance would run would be determinable and cover a period of undue financial hardship.  Sometimes, the Court may consider whether the term of spousal maintenance should be extendable or not. In that case, the beneficiary of the maintenance may apply for the Court to extend the term ordered.  Ultimately, after the period of time for payment has expired,  there will be a clean break between the parties.  Hence it is Deferred Clean Break.

If you need advice, contacting us is simple; call now on 0333 231 6405 where a friendly member of our team will be happy to help.  Otherwise you can contact us via  admin@cjch.co.uk or view of easy to use website at www.cjchsolicitors.co.uk

 

 

Does the Court consider Child Maintenance on Divorce?

children on the floor

As a rule of thumb, generally no.  The Child Maintenance Service deals with claims made by a resident parent against a non-resident parent.  It should always be considered a matter of last resort and wherever possible, parents should work out between them the appropriate maintenance required for the up keep of their children.  There is no requirement to go to the Child Maintenance Service.

Clean Break orders as a general rule do not apply as far as child maintenance is concerned because if there is disagreement as to Child Maintenance, this is the remit of the CMS.   There is however an exception to this where pt in cases where the non-resident parent is a high earner, earning over £156,000 gross per year.

Even where the Court makes an order in respect to child maintenance, any such term will only bind the non-resident parent for one year (12 months), irrespective of what the financial order may state.  As the CMS retains jurisdiction for child maintenance, a clean break order does not bring an end to a non-resident parent’s responsibility to pay maintenance for their children moving forward.    Where (in circumstances of a high earning parent and an Order has been made re child maintenance) , after 12 months have passed from the date of that order, either party is in a position to apply to the CMS for a reassessment of the non-resident parent’s child maintenance liability.

If you need advice, contacting us is simple; call now on 0333 231 6405 where a friendly member of our team will be happy to help.  Otherwise you can contact us via  admin@cjch.co.uk or view of easy to use website at www.cjchsolicitors.co.uk

What is a Clean Break Order?

Divorce has significant financial implications for the parties.  Each party will have a different view of what should happen to the assets and sometimes debts accrued during the marriage.  What happens?  The Court has significant powers to make Orders that fit the particular case before it.

When divorcing, arguably one of the most important Orders to consider is a  Clean Break Order. You may well have heard this referred to but what does it cover?  It is simply put, the Order made by the Court that enshrines the financial settlement between a couple to ensure that there is no further financial relationship between them.  It is used by the Court for those who are divorcing or ending a civil partnership.

Most usually, orders are made on a consensual basis after the parties have agreed the terms of their financial settlement (Financial Consent Order).  Sometimes however, where agreement cannot be reached, the Order maybe imposed by the Court.  This will be when the parties have been involved in litigation through the Courts.  These Orders are legally binding once either handed down in judgment by the Court or, where Consent Orders are concerned when the Court approves it.  The Court will always be concerned as to the ‘fairness’ of the settlement.  This will be undoubtedly different on a case-by-case basis.   Therefore, consideration is given to the parties’ assets to include any savings, investments, properties or pensions that either party may have. It may include the need to ensure spousal maintenance is paid to one of the parties.  The Court can also make an Order for the sale of property held; or transfer of property between the parties.  There may be consideration of lump sum payments, and also pension sharing. The Court can also order that one party pay the other party spousal maintenance, which is usually in the form of a regular monthly payment.

The Court has the power to approve the Order or disallow the Order if it is not satisfied as to the terms enshrined.  The Court may request more information from the parties before approving the Order in that case.

Ultimately, once the Order has been approved by the Court, both parties will then have secured a financial settlement.

If you need advice, contacting us is simple; call now on 0333 231 6405 where a friendly member of our team will be happy to help.  Otherwise you can contact us via  admin@cjch.co.uk or view of easy to use website at www.cjchsolicitors.co.uk

Buckets and Spades ready …. I want to take my children on holiday abroad

Bucket and Spade

It’s the time of year when your ex may not agree  with  your holiday plans especially if they involve your joint children.   The children want to go but your ex says no.  What can you do?

This is often an area of conflict and it is always best to try and resolve this between you where possible.   As parent’s you will both have the benefit of ‘parental responsibility’.  This is not just a phrase but is a legal term that gives parents rights in respect of a child. By virtue of giving birth, the mother automatically gets parental responsibility (PR) . Fathers or second parents are slightly different.  If the parents are married, the father or second parent gains PR; if unmarried, the father or second parent  will only be granted PR by being named on the birth certificate.  Sometimes is it possible  to obtain PR by having a Court order in place  in respect to a particular child .  Occasionally, a third party may have parental responsibility for a child, such as a step-parent who has entered into a step-parent parental responsibility agreement with the child’s parents or a third party who has an order in their favour that relates to the child.

If you are a separated parent and wish to take your child or children abroad, you must obtain the other parent’s permission or consent (where the other parent has the benefit of  parental responsibility).   It is normal for many separated parents to have made informal agreements about their children post separation and will not have had to involve the Court to resolve any disagreements.  In that case and where there is no Children Act Order in place:

When there is no court order:

The consent of every person with parental responsibility is required before removing a child from the jurisdiction, whether for a holiday or for a longer period of time.

When there is a court order:

Any person who has a child arrangements order in their favour which includes an order that the child lives with them can take the child out of the jurisdiction for up to 28 days at a time.  It may be that the court has ordered that the child lives with both parents and, if so, either parent can take the child out of the jurisdiction for up to 28 days at a time.

Sometimes, the court makes prohibited steps or specific issue orders that directly address the issue of holidays abroad. If your child is subject to a court order, make sure you have read this carefully and understand any provisions that relate to holidays.

If you want to take your child abroad and have established that you require the consent of the other parent, or anyone else, communication is key. Start the dialogue early, ideally before you have booked the holiday. Keep them updated as your plans progress. Expect to share the full details with the other party.  You should  full details to  include dates, travel arrangements, accommodation details, information about who else may be joining you on the holiday and an emergency contact number.

Whilst verbal consent is valid consent, be sure to get something in writing from the absent party also.   You could prepare a document highlighting details of the holiday and children’s names etc with all parties with PR signing and dating it . Most  countries are very alive to the risk of child abduction.  To avoid a situation of being questioned at a border (and any subsequent delays and emotional upset) if  you can produce a letter that confirms consent to the holiday.  It is also helpful if you bring evidence of your relationship to the child, such as a birth certificate; if your name has changed since the child was born, you need to bring evidence of this (such as a marriage certificate, decree absolute if you are divorced or a change of name deed).

If you cannot obtain the consent of everyone with parental responsibility, it is possible to make an application to the Court  asking the court for permission to take your child abroad.   The court generally considers holidays with parents to be a positive experience for a child and is inclined to grant permission, so long as there is no genuine reason that the holiday is not in the child’s best interests.

A holiday may not be in a child’s best interests if it is not in keeping with the child’s existing relationship with a parent. For example, if a child has only ever stayed with a parent for one night at a time, proposing a two-week holiday may be considered inconsistent and too fast a progression for the child.

Please be aware that the court will rarely support a holiday during term time or in a country that the foreign office advises against travelling to.  Also, the timing of any Court application may mean that your request is not dealt with for a number of weeks/months (depending upon the urgency of the application).  Court is therefore the last resort.

It is not unusual for children to travel with their grandparents or other family members, or to be invited to join a holiday with a friend and their family. In this situation, the same rule applies: make sure a letter signed by each person with parental responsibility for the child accompanies their passport.

Prior to any booking of holiday check the travel destination and that county’s requirements.  The laws in that country may well differ from the United Kingdom .

If you need advice, contacting us is simple; call now on 0333 231 6405 where a friendly member of our team will be happy to help.  Otherwise you can contact us via  admin@cjch.co.uk or view of easy to use website at www.cjchsolicitors.co.uk

CJCH Solicitor and Department Ranked in 2024 Partners and Chambers Guide

The CJCH Leadership team is excited to announce that one of our Solicitors, Amy Roberts-Rees, who is a Partner in charge of our Mental Health and Court of Protection Law departments, has been ranked in the 2024 Chambers and Partners Guide. This has been announced today along with the ranking of our Court of Protection department as a whole.

Chambers & Partners recognises the top law firms and lawyers globally. For the firm to be ranked for the first time is a prestigious accolade and really puts us on the map.  

Some quotes from clients and referees include:

“Amy is always entirely on the ball and knows what is going on.” “She is always available to her clients and has a broad knowledge of the law.”

“The team are very responsive.” “The firm’s lawyers are able to navigate complex matters with skill and pragmatism.”

This is a fantastic achievement and we are incredibly proud of the team!