Thursday 9 June 2016

Landlord Licensing

Landlords who self-manage their properties in Wales must apply for a licence. This is in addition to having to register.

 

Which landlords must obtain a licence?

 

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
If you do anything detailed above, but on behalf of a landlord at a property you are not a landlord for, then you may need an agent licence.

How do I obtain a licence?

 

The licence application can be completed on this website. This can either be done in the account you have created in order to register as a landlord, or if you are a joint landlord who is not the lead registering landlord, you can start your individual licence application by creating an account.

To submit a valid licence application, all the information required must be submitted, evidence of suitable landlord training provided and the 'fit and proper' person declaration must be completed.

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.  To read more about the licensing training requirement go to the training page.

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.

How long does a licence last?

 

Once a landlord is licensed it lasts for 5 years. During that time you must keep the information in your licence application up to date (e.g. change your phone number if you update it) and also comply with the conditions of your licence.  One condition will always be to adhere to the Code of Practice. The Code of Practice has been created by the Welsh Ministers as a way to ensure a consistent standard of letting and management practice in line with legal requirements in Wales. You can read a copy of the Code here

If a licence holder fails to comply with any condition of their licence, or is no longer ‘fit and proper’ then their licensed can be revoked. This is a serious action as it means that the person can no longer undertake any letting or management activities at any rental properties in Wales. Instead, they must instruct a licensed agent to act on their behalf at all their rental properties.

Avoid the hassle. YOUR AGENT lettings were amongst the first ten agents to be awarded an Agents Licence across the whole of Wales. So why not let YOUR AGENT be your agent?

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