Landlord Legislation and Regulations

 

Rent Smart Wales

Following the introduction of the Housing (Wales) Act 2014, there are new legal obligations on landlords who have rental property in Wales. 

Landlord Registration 
Any landlord who has a rental property in Wales which is rented on an assured, assured shorthold or regulated tenancy is required to register.  Depending on how a property is owned will determine who needs to register it.  All registrations are done with Rent Smart Wales.

Landlord Licensing
Landlords who are not involved in setting up tenancies and managing their rental properties do not need a licence; however they must use a licensed agent and register as a landlord declaring their agent on the registration.  Landlords who do undertake letting and management tasks at their rental properties in Wales are required to apply for a licence.  Such landlords are often described as 'self-managing'.

Health and Safety Rating System

Property conditions are assessed against the Housing Health and Safety Rating System (HHSRS). The HHSRS is concerned with avoiding and minimising potential hazards. Details of the assessment are contained with the HHSRS guidance which also covers landlord responsibilities.

For further information on the HHSRS read the HHSRS flyer (HHSRS flyer - Welsh) produced by Torfaen Council or contact the Public Health Team on 01633 647622.

Harassment and Illegal Eviction

The Protection from Eviction Act 1977 makes it a criminal offence for any person to evict a tenant without following the correct legal procedure. The Act also makes it a criminal offence for a landlord, their agent or any person to harass a tenant with the aim of making them leave their home.

For further information about this Act Click Here

Houses in Multiple Occupation (HMO)

What is a HMO?

HMO stands for House in Multiple Occupation which means a building, or part of a building, such as a flat, that:


  • is occupied by more than one household and where more than one household shares – or lacks – an amenity, such as a bathroom, toilet or cooking facilities
  • is occupied by more than one household and which is a converted building – but not entirely self-contained flats (whether or not some amenities are shared or lacking)
  • is converted self contained flats, but does not meet as a minimum standard the requirements of the 1991 Building Regulation

Some HMO's require licensing by the local Council. To find out more read Licensing Guide for Landlords. Licensing Guide for Landlords - Welsh.

Condensation and Mould

Many private rental properties experience issues of mould or condensation. In most circumstances this is due to tenant behaviour, rather than a problem with the actual property. Rent Smart Wales have produced a useful guide which explains how to resolve and prevent condensation and damp.

Gas Safety Checks

The Gas Safety (Installation and Use) Regulations require landlords to have a gas safety check done by a registered engineer every 12 months.

What is a gas safety check?

Faulty appliances, fittings, or blocked flues, can cause the following risks:

  • Gas leaks
  • Fires
  • Explosions
  • Carbon monoxide poisoning

A Gas Safe registered engineer will check these are in good working order and safe to use. After a check, the engineer will give you a record of the checks carried out. As a landlord, you must give a copy to your tenant within 28 days. You can find a gas certified business in your area on the Gas Safety Register website.

A landlord's gas safety record must contain:

  • A description of and the location of every applicance and/or flue checked
  • The name and signature of the person carrying out the check and either their registration number of the registration number of their employer. Electronic signatures are permissible- see TB 076 Electronic records and signatures.
  • The date on which the appliance or flue was checked
  • The address of the property where the appliance and/or flue is installed
  • The name and address of the landlord (or agent, where appropriate)
  • Any defect identified and any remedial action taken
  • A statement confirming that the safety check completed complies with the requirements of the Gas Safety (Installation and Use) Regulations 1998, Regulation 26(9). When a person performs work on a gas appliance, they shall immediately thereafter examine:

a) the effectiveness of any flue

b) the supply of combustion air

c) its operating pressure or heat input or, where necessary, both

d) its operation so as to ensure its safe functioning

 

 

Rent Smart Wales