Housing (Wales) Act 2014

7 Requirement for landlords to be licensed to carry out property management activities E+W

(1) The landlord of a dwelling subject to 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) collecting rent;

(b) being the principal point of contact for the tenant in relation to matters arising under the tenancy;

(c) making arrangements with a person to carry out repairs or maintenance;

(d) making arrangements with a tenant or occupier of the dwelling to secure access to the dwelling for any purpose;

(e) checking the contents or condition of the dwelling, or arranging for them to be checked;

(f) serving notice to terminate a tenancy.

(3) The landlord of a dwelling that was subject to a domestic tenancy, but is no longer subject to that domestic tenancy, must not check the contents or condition of the dwelling, or arrange for them to be checked, for any purpose connected with that tenancy 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 it on the landlord's behalf, or

(c) an exception in section 8 applies.

(4) The Welsh Ministers may by order—

(a) amend or omit the descriptions of things in subsection (2) or (3) (including things added under paragraph (b)) that a landlord must not do unless any of paragraphs (a) to (c) of subsection (1) or (3) applies (as the case may be);

(b) add further descriptions of things for the purposes of this section (including by way of amendment to this Part).

(5) A landlord who contravenes subsection (1) or (3) commits an offence and is liable on summary conviction to a fine.

(6) In proceedings against a landlord for an offence under subsection (5) it is a defence that the landlord has a reasonable excuse for not being licensed.

(7) 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 serving notice to terminate a tenancy 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

I1 S. 7 in force at 1.12.2014 for specified purposes by S.I. 2014/3127, art. 2(b), Sch. Pt. 2

I2 S. 7 in force at 23.11.2016 in so far as not already in force by S.I. 2016/1066, art. 2