Cardiff Estate | Letting Agent
Rent Smart Wales
Description
Letting Agent, Cardiff
Rent Smart Wales
The Housing (Wales) Act 2014 was passed by the National Assembly of Wales on 8th July 2014 and become law on 17th September 2014.
On 23rd November 2015 the Act introduced a legal requirement for all landlords with property in Wales to register themselves and their rental property address(es).
Registering myself as a Landlord - Do I need to register?
On 23rd November 2015 the Act introduced a legal requirement for all Landlords with rental property in Wales to register themselves and their rental property address(es). Landlord have a year to comply with this new obligation.
You will need to be registered if:
- You own a property in Wales that you don't live in and allow someone else to live in that property (as their main residence), and do they pay you money to live there
- The property is rented on an Assured, Assured Shorthold or a Regulated Tenancy
What rental properties must be registered?
A landlord must include the address of all rental property in Wales they are the landlord for in their registration. This will be the address of all dwellings (buildings, or part of a building, occupied as a separate dwelling) which are subject to, or marketed or offered for let under a domestic tenancy. Only dwellings rented on assured, assured shorthold or regulated tenancies are required to be part of the register. These are the main types of tenancies used to rent out properties privately in Wales.
Published on https://www.rentsmart.gov.wales/en/landlord/landlord-registration/
Can my Agent or any other person register me as a landlord on my behalf?
Only the Landlord can complete the registration. An agent or another person who is not the Landlord cannot register on your behalf regardless of whether or not they manage the property on your behalf.
A landlord who must register therefore can be:
- An individual person
- A group of people
- A company
(Depending on how the property is owned)
If the property being registered is in joint ownership, one lead owner must register the property on behalf of all of the other owners. If a property is owned by a company, the company registers as the Landlord.
Once a landlord is registered; what then?
A landlord's registration lasts 5 years after which time they must re-register. During the registered period a landlord must keep the information within it up to date. By law, certain changes in information must be notified.
These are:
- Any change in name; correspondence address; contact telephone number; e-mail address or other contact information provided as part of the registration
- Any change (either that someone has started or ceased) to undertake letting or management at the registered rental property (for which they would need a licence from Rent Smart Wales)
- Any changes of interest the landlord has with the rental property (i.e. if they sell a registered property)
Licensing Scheme explained
The Housing (Wales) Act 2014 was passed by the National Assembly of Wales on 8th July 2014 and become law on 17th September 2014.
On 23rd November 2015 the Act introduced a legal requirement for all landlords who self Let and/or Manage property in Wales to apply for a license. This includes HMO licensed properties also.
Landlords have one year to comply with the changes that will be enforced on 23rd November 2016. Licensing is in addition to the legal requirement for landlord registration. Do I need to register as a landlord?
Agency Licensing
Also on 23rd November 2015 the Act introduced a legal requirement for all agents or companies who Let and/or Manage property in Wales on behalf of a landlord to obtain 'Agents Licensing' by 23rd November 2016.
This also applies to an individual person(s), even family members, who Let and/or Manage a property in Wales on behalf of a landlord.
What is a license?
A license is to ensure that a landlord is 'fit and proper' and has under gone adequate training to let and manage rental properties within Wales.
The training that a landlord must do in order to obtain a licence can either be done direct with Rent Smart Wales, or an approved course can be completed by a training provider authorised by Rent Smart Wales.
Once a complete application is submitted to Rent Smart Wales they will assess it to determine if a licence can be granted. They will make sure the application is complete and the correct fee has been paid. They will also determine that the landlord is 'fit and proper' (by ensuring they have no relevant convictions against them) and make sure the training they have completed is suitable for licensing purposes. Once they have assessed the application they will award a licence. Only in exceptional circumstances would a licence be refused.
Once a licence is awarded the landlord will receive notification of their unique licence number and the conditions attached to their licence. The landlord will also receive a licence card in the post.
Publised on https://www.rentsmart.gov.wales
If I use Boulton & Griffiths as my agent, do I need to be licensed?
At Boulton & Griffiths we offer both a Full Management Service & Tenant Find Only Service
Our Full Management Service covers the 'Letting Activities' & Property 'Property Management Activities' listed above (and more). Using Boulton & Griffiths as your letting & managing agent means you are covered and you do not have to become a licensed landlord.
{Our Management Services= http://www.boultongriffiths.com/landlords/management-service}
Our Tenant Find Only Service covers the 'Letting Activities' listed above* (and more), but does not cover 'Property Management Activities' listed above. This means that you would need to become a licensed landlord.
Our Tenant Find Only Services
If I Let & Manage my own property, do I need to be licensed?
If you undertake any of the following at a property in Wales for which you are the landlord, then you need a licence:
Landlord Letting Activities:
- Arranging or conducting viewings with prospective tenants;
- Gathering evidence for the purpose of establishing the suitability of prospective tenants (for example, by confirming character references, undertaking credit checks or interviewing a prospective tenant);
- Preparing, or arranging the preparation, of a tenancy agreement;
- Preparing, or arranging the preparation, of an inventory for the dwelling or schedule of condition for the dwelling.
Landlord Property Management Activities:
- Collecting rent
- Being the principal point of contact for the tenant in relation to matters arising under the tenancy
- Making arrangements with a person to carry out repairs or maintenance
- Making arrangements with a tenant or occupier of the dwelling to secure access to the dwelling for any purpose
- Checking the contents or condition of the dwelling, or arranging for them to be checked as part of a current tenancy or for one which has ended
- Serving notice to terminate a tenancy
Published on https://www.rentsmart.gov.wales/en/landlord/landlord-licensing/
