(1)The landlord of a dwelling marketed or offered for let under a domestic tenancy must not do any of the things described in subsection (2) in respect of the dwelling unless—
(a)the landlord is licensed to do so under this Part for the area in which the dwelling is located,
(b)the thing done is arranging for an authorised agent to do something on the landlord's behalf, or
(c)an exception in section 8 applies.
(2)The things are—
(a)arranging or conducting viewings with prospective tenants;
(b)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);
(c)preparing, or arranging the preparation, of a tenancy agreement;
(d)preparing, or arranging the preparation, of an inventory for the dwelling or schedule of condition for the dwelling.
(3)The Welsh Ministers may by order—
(a)amend or omit the descriptions of things in subsection (2) (including things added under paragraph (b));
(b)add further descriptions of things to subsection (2).
(4)A landlord who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine.
(5)In proceedings against a landlord for an offence under subsection (4) it is a defence that the landlord has a reasonable excuse for not being licensed.
(6)In subsection (1) “authorised agent” means—
(a)a person licensed to carry out lettings work and property management work under this Part for the area in which the dwelling is located,
(b)a local housing authority (whether or not in exercise of its functions as a local housing authority), or
(c)in relation to preparing, or arranging the preparation of a tenancy agreement only, a qualified solicitor (within the meaning of Part 1 of the Solicitors Act 1974), a person acting on behalf of such a solicitor or any person of a description specified in an order made by the Welsh Ministers.
Commencement Information
I1S. 6 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(b), Sch. Pt. 2