Wednesday 23 September 2015

Important Legislation Update

Registration

The Welsh Government is set to enact this policy following the passage of the Housing (Wales) Act 2014 in the National Assembly for Wales.  The official branding is ‘Rent Smart Wales’.  

It resembles a policy introduced by the Scottish Government a decade ago. The Welsh Government believes that registration will help to improve standards in the private rented sector by being better able to target criminal landlords. 

What this means for Landlords?

This applies to every landlord who rents properties located in Wales, without exception.  It doesn’t matter whether the landlord lives in Wales or not.  It also applies to landlords who rent properties that are managed by an agent.

For the first time you will have to register your details with a central ‘Licensing Authority’ and details of all your rented properties in Wales.

If you don’t comply you will be unable to legally rent your property.  You could face a number of penalties including unlimited fines and rent stopping orders.

What do I have to do?

The Welsh Government is set to announce details the practical details in due course.  It is likely that you will be able to register from Autumn 2015 and that you will have up to one year to comply before full enforcement begins.  The preferred process for registering will be via a new online portal, although written registrations will also be possible.

It has been confirmed that you will have to register prescribed personal details, including full name, date of birth, previous names and details of any agent who manages your property. 

You will also have to register details for each of your properties.  The cost is TBA, but may be approximately £50 for your personal registration and £10 for each property.

Licensing

The Welsh Government is set to enact this policy following the passing of the Housing (Wales) Act 2014 in the National Assembly for Wales.  The official branding is ‘Rent Smart Wales’  

The Welsh Government believes that national licensing will help to improve standards in the private rented sector by compelling managing landlords and agents to follow a set of conditions and undertake approved training. 

What this means for Landlords?

This applies to every letting and managing agent, and landlord who manages or undertakes maintenance on their property(ies) located in Wales.  It doesn’t matter whether the landlord lives or the agent’s main office/ branch is in Wales or not.

For the first time agents or landlords who manage their properties will have to have a licence.  If you are a landlord and don’t wish to become licensed, or are unsuccessful in obtaining a licence, then an agent must manage the property on your behalf.  Agents that don’t obtain a licence will be unable to trade.  You could face a number of penalties including unlimited fines and rent stopping orders.

What do I have to do?

The Welsh Government is set to announce the practical details in due course, and much is still unconfirmed.  You will be able to apply for a licence from Autumn 2015 and will have up to one year to comply before full enforcement begins.  The preferred process for submitting an application will be via a new online portal, although written submissions will also be possible.

It has been confirmed that in applying for a licence you must include personal or business details, including full personal/company name, date of birth, contact details, previous convictions and details of ‘connected persons’ (for agents potentially every member of staff).  Licensees must be: a ‘fit and proper person’, complete a training course, follow a set of TBA conditions and code of practice.  

You will also have to meet some of this criteria before applying for a licence.  The cost is TBA, but may be approximately £100 to obtain licence in addition to separate fees for training.  For managing landlords, this will be in addition to registration fees.

Please do not confuse this with Mandatory HMO, Additional HMO or Selective licence.  If you require one of these types of licence you shall also require this new national licence as well. 

Your Agent Comment

There will be no need for any of our Landlord clients to undergo this licencing, training or accreditation process. YOUR AGENT will be licenced on their behalf. We will also guide you through the registration processs and ensure you fully comply with the new legislation.

If you are a landlord who does not want to go through this onerous process then why not let YOUR AGENT be your agent? And let us take the hassle out of managing your property.


Where can I find out more?

https://www.rentsmart.gov.wales/en/

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