Providing Written Statement of Variation - 1 June 2023

Issuing converted written statements has been one of the most challenging parts of the new rules that started in December 2022. 

See here for more information about the converted written statement required by 31 May 2023.

Hopefully, everyone has done this, and there's one last essential job to do between 1 and 13 June 2023, explained in this article.

From 1 June 2023, The Renting Homes (Wales) Act 2016 (Amendment of Schedule 12 and Consequential Amendment) Regulations 2023 changes the terms of written statements of converted contracts.

Whenever an enactment varies the terms of an occupation contract, the landlord must issue a written statement of variation within 14 days, starting with the day on which the contract is varied (s.128(1) and s.136(1)).

As the new amending regulations change terms from 1 June, the landlord must issue the variation statement between 1 June and 13 June (but no sooner and no later).

What terms are changed?

For Guild written statements, the two main terms that are amended are:

• Written statements and the provision of information - changed to include the new timeframes where the identity of a contract holder changes and the new timeframes for issuing a written statement in connection with a substitute converted contract (depending if it was given before or from 1 June 2023).
• Restriction on giving the landlord's notice (periodic) – late provision of written statement - minor update removing an amended reference.

What types of contracts must the variation statement be given under?

The landlord must give the written statement of variation to all contract holders on a converted contract.

A converted contract is any contract (including substitutes) where the contract holder was in occupation on 1 December 2022 and their tenancy converted to an occupation contract, such as assured shorthold tenancy.

The following converted contracts must be given the variation statement:

• if you gave the new style contracts BEFORE 1 December 2022
• if you have issued a substitute (renewal) contract since 1 December 2022 to occupiers who were in occupation on 1 December 2022
• if you have given the converted written statement by 31 May 2023.
• any combination of the above.

The variation statement is NOT needed if you have issued new occupation contracts to new contract holders since December. The variations only affect converted contracts where the tenants were in occupation on 1 December 2022 when it converted to an occupation contract.

How do I prepare and send the variation statement?

We have prepared the variation statement for Guild subscribers using the Guild converted written statement or occupation contracts since November 2022, which is ready to go. As it's not a prescribed form, there is nothing to complete, and you can email the PDF to your contract holders between 1 and 13 June 2023 (but not sooner).

It is not an agreement, so it does not need signing. All you are doing is informing them of the change in the rules.

What if I haven't used Guild contracts or converted statements?

We reference the heading to identify the amended term, which may differ from your title. However, the wording should be the same as in your statement because the new rules are changing legislated terms.

You can create a form for variation by enactment in our Tenancy Builder under "other forms" from the sidebar. You can download our form using the link below, copy the contents into the relevant sections of the form, edit the headings to match yours, and then download.

The prepared form is based upon that form, and if you need help, please create a support ticket.

Where can I download the variation statement?

You can download the written statement of variation for converted contracts here.