Housing (Wales) Act 2014

Registration E+W

14 Duty to maintain register in relation to rental properties E+W

(1) A licensing authority must establish and maintain a register for its area containing the information set out in Part 1 of Schedule 1.

(2) Part 2 of Schedule 1 contains provision relating to public access to information held on the register.

(3) The Welsh Ministers may amend Schedule 1 by order.

Commencement Information

I1 S. 14 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(b), Sch. Pt. 2

I2 S. 14 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826, art. 2(d)

15 Registration by a licensing authority E+W

(1) An application for registration is to be made to the licensing authority for the area in which the dwelling to which the application relates is located; and the authority must register the landlord within the prescribed period if the application—

(a) is made in the form required by the authority,

(b) includes such information as is prescribed,

(c) includes such other information as the authority requires, and

(d) is accompanied by the prescribed fee.

(2) If the landlord is registered, the licensing authority must notify the landlord—

(a) that the landlord is registered, and

(b) of the registration number assigned to the landlord.

(3) On the first occasion a landlord is registered a licensing authority must assign a registration number to the landlord.

(4) A licensing authority may charge the landlord a further prescribed fee for continued registration—

(a) after the fifth anniversary of the date the landlord was registered, and

(b) after every fifth anniversary of the date a further prescribed fee was charged.

Commencement Information

I3 S. 15 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(b), Sch. Pt. 2

I4 S. 15 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826, art. 2(e)

16 Duty to update information E+W

(1) A landlord who is registered under section 15 in relation to a rental property must notify the licensing authority in writing of the following changes—

(a) any change in the name under which the landlord is registered;

(b) the appointment of a person to carry out lettings work or property management work on behalf of the landlord in respect of the rental property;

(c) that a person who the landlord has previously appointed to carry out lettings work or property management work on behalf of the landlord in respect of the rental property has ceased to do so;

(d) any assignment of the landlord's interest in the rental property;

(e) any prescribed changes.

(2) A landlord must comply with the duty in subsection (1) within 28 days beginning with the first day on which the landlord knew, or should have known, of the change.

(3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(4) In proceedings against a person for an offence committed under subsection (3) it is a defence that the person had a reasonable excuse for failing to comply.

Commencement Information

I5 S. 16 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(b), Sch. Pt. 2

I6 S. 16 in force at 23.11.2015 in so far as not already in force by S.I. 2015/1826, art. 2(f)

17 Revocation of registration E+W

(1) A licensing authority may revoke the registration of any landlord who—

(a) provides false or misleading information in an application under section 15 or in notifying a change under section 16;

(b) contravenes section 16;

(c) fails to pay any further fee charged under section 15.

(2) Before revoking a landlord's registration a licensing authority must—

(a) notify the landlord of its intention to revoke the registration and the reasons for this, and

(b) consider any representations made by the landlord before the end of the period of 21 days beginning with the date the landlord was notified.

(3) After revoking a landlord's registration a licensing authority must notify the landlord—

(a) of the revocation and the reasons for doing so;

(b) of the landlord's right of appeal.

(4) A person whose registration is revoked may appeal against the decision to a residential property tribunal.

(5) An appeal—

(a) must be made before the end of the period of 28 days beginning with the date on which the person was notified of the decision (the “appeal period”);

(b) may be determined having regard to matters of which the licensing authority was unaware.

(6) The tribunal may allow an appeal to be made to it after the end of the appeal period if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay in applying for permission to appeal out of time).

(7) The tribunal may confirm the decision of the licensing authority or direct the authority to register the landlord.

(8) Revocation of a landlord's registration takes effect on the day whichever of the following first occurs—

(a) where the landlord does not appeal against the decision to revoke the registration within the appeal period, the expiry of that period;

(b) where the landlord appeals within the appeal period but later withdraws the appeal, the date of the withdrawal;

(c) where the landlord appeals within the appeal period and the residential property tribunal confirms the decision of the licensing authority, subject to paragraph (d), the date of the tribunal's decision;

(d) where the landlord makes a further appeal, the date on which all means of appealing against the decision have been exhausted and the licensing authority's decision is upheld.

(9) Where a landlord's registration is revoked, the licensing authority must—

(a) notify any person recorded on the register as having been appointed by the landlord to carry out lettings work or property management work on behalf of the landlord, and

(b) notify the tenants or occupiers of rental properties registered under the landlord's name.

Commencement Information

I7 S. 17 in force at 23.11.2015 by S.I. 2015/1826, art. 2(g)