Letters of variation for Welsh Landlords with contracts which pre-date 1 June 2023
May 30, 2023
The Welsh government, having issued new regulations (discussed here), have now published guidance on the contact terms that need to be included in contracts which predate 1 December 2022. Plus draft wording for statements of variation.
You will find the guidance here.
The statements of variation need to be served by 14 June 2023.
The guidance says that a statement of variation can be done in two ways:
- A statement, which can be a letter, telling the contract holder the new term/s, or
- A new full written statement containing the new varied term or terms
You will want to take the first option. The full contract is very long!
Below are some drafts you can use, if you have used the Landlord Law contract forms. If you have not used the Landlord Law forms then the drafts should be used with caution as your contract numbering may be different.
Adapting the drafts
If you are sending a letter, head it up as usual with your address, etc. Likewise, if you are sending it via email. Where I put ‘Yours etc’ this means end with the way you normally end your letters or emails, eg yours sincerely, yours faithfully or whatever.
Where there is an asterisk * this means you need to delete text as appropriate.
Then continue as set out in the drafts below.
Do not send out these drafts without adapting them as appropriate and adding any relevant information required.
Change in contract holder
Some of the new terms refer specifically to where there has been a change in the contract holder. However, even if this has not happened, it is safest to include these new terms anyway in your letter or email. We explain the rules on changing contract holders in the article here.
Be aware that where there is a new contract holder, you must ALWAYS serve a full written statement on them within 14 days.
Make sure you choose the correct draft!
The drafts below contain different versions for fixed-term and periodic contracts. Make sure you use the correct one, as the term numbers in the contracts are different,
Conversion contracts
Use the drafts below if you have served a conversion contract on the contract holders (this should apply to all landlords who had tenants living in the property as at 1 December 2022).
It is probably best to send this even if you have subsequently served a new substitute contract, just to be on the safe side.
Fixed-term contract:
Dear [name of contract holder/s]
Please note that your conversion contract, which we served on you on [date you served it], is now varied as follows
The existing term 49 (2) should now read:
(2) If there is a change in the identity of the contract-holder under an occupation contract before 1 June 2023, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—
(a) 1 June 2023, or
(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
Change in contract-holder on or after 1 June 2023:
If there is a change in the identity of the contract-holder under an occupation contract, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—
(a) the day on which the identity of the contract-holder changes, or
(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
I suggest you keep this email/letter* with your occupation contract for safekeeping.
Yours etc
Periodic contract:
Dear [name of contract holder/s]
Please note that your conversion contract, which we served on you on [date you served it], is now varied as follows
The existing term 76 (2) should now read:
(2) If there is a change in the identity of the contract-holder under an occupation contract before 1 June 2023, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—
(a) 1 June 2023, or
(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
Change in contract-holder on or after 1 June 2023:
If there is a change in the identity of the contract-holder under an occupation contract, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—
(a) the day on which the identity of the contract-holder changes, or
(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
I suggest you keep this email/letter* with your occupation contract for safekeeping.
Yours etc
Substitute contracts
These are for use where new contracts were signed up to with contract holders before 1 June 2023. The notices to send out are as follows.
Fixed term contract
Dear [name of contract holder/s]
Please note that your new occupation contract, which you signed on [date], is now varied as follows:
The existing term 49(1) should now read:
(1) The landlord under a substitute occupation contract which came into existence before 1 June 2023 must give the contract-holder a written statement of that substitute contract before the end of the period of 14 days starting with the 1 June 2023.
The existing term 49 (2) should now read:
(2) If there is a change in the identity of the contract-holder under an occupation contract before 1 June 2023, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—
(a) 1 June 2023, or
(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
Change in contract-holder on or after 1 June 2023:
If there is a change in the identity of the contract-holder under an occupation contract, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—
(a) the day on which the identity of the contract-holder changes, or
(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
The existing term 51(1) should now read:
(1) The landlord under an occupation contract must, before the end of the period of 14 days starting with the 1 June 2023 of the contract, give the contract-holder notice of an address to which the contract-holder may send documents that are intended for the landlord.
I suggest you keep this email/letter* with your occupation contract for safekeeping.
Yours etc
Periodic contract
Dear [name of contract holders]
Please note that your new occupation contract, which you signed on [date], is now varied as follows:
The existing term 76(1) should now read:
(1) The landlord under a substitute occupation contract which came into existence before 1 June 2023 must give the contract-holder a written statement of that substitute contract before the end of the period of 14 days starting with the 1 June 2023.
The existing term 76 (2) should now read:
(2) If there is a change in the identity of the contract-holder under an occupation contract before 1 June 2023, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—
(a) 1 June 2023, or
(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
Change in contract-holder on or after 1 June 2023:
If there is a change in the identity of the contract-holder under an occupation contract, the landlord must give the new contract-holder a written statement of the contract before the end of the period of 14 days starting with—
(a) the day on which the identity of the contract-holder changes, or
(b) if later, the day on which the landlord (or in the case of joint landlords, any one of them) becomes aware that the identity of the contract-holder has changed.
The existing term 78(1) should now read:
(1) The landlord under an occupation contract must, before the end of the period of 14 days starting with the 1 June 2023 of the contract, give the contract-holder notice of an address to which the contract-holder may send documents that are intended for the landlord.
I suggest you keep this email/letter* with your occupation contract for safekeeping.
Yours etc
Provision of Landlord Information
Don’t forget that for BOTH conversion contracts and substitute contracts, you must serve a completed form RHW2 on the contract holder.
Landlord Law members will find them here.
- If no substitute contract has been issued, you should have served this already, along with your conversion contract statement. If you have not served it yet, serve it NOW!
- Where the contract is a substitute contract, the deadline is 14 June 2023, but I suggest you serve it asap.
The written statement of variation above refers to this also.
If members have any questions about any of this, please put them on the members’ forum, and I will answer them there.
Not a Landlord Law member? Find out more here.
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