Renting Homes (Fees etc.) (Wales) Act 2019

1. Introductory Text

2. PART 1 Overview

   1. 1. Overview of Act

3. PART 2 Prohibition of certain payments etc.

   1. 2. Prohibitions applying to landlords

   2. 3. Prohibitions applying to letting agents

   3. 4. Prohibited and permitted payments

   4. 5. Non-binding contract terms

   5. 6. Application of sections 2 to 5 to pre-existing requirements and contracts

   6. 7. Power to amend definition of “permitted payment”

   7. 8. Meaning of “letting agent”, “lettings work” and “property management work”

4. PART 3 TREATMENT OF HOLDING DEPOSITS

   1. 9. Treatment of holding deposits

5. PART 4 Enforcement

   1. Enforcement authority powers to require information etc.

      1. 10. Power to require documents or information

      2. 11. Offence of failing to comply with a notice under section 10

      3. 12. Offence of providing false or misleading information in relation to a notice under section 10

   2. Fixed penalty notices

      1. 13. Fixed penalty notices

   3. Notification of conviction to licensing authority

      1. 14. Duty of local housing authority to notify licensing authority of conviction

   4. Guidance

      1. 15. Duty to have regard to guidance

   5. Meaning of “authorised officer” in this Part

      1. 16. Meaning of “authorised officer”

   6. The enforcement authority for the purposes of this Part

      1. 17. Enforcement authorities

   7. Information sharing and power to bring criminal proceedings

      1. 18. Supply and use of information by enforcement authorities

      2. 19. Power of licensing authority to bring criminal proceedings

   8. Restrictions on termination by landlord of standard occupation contracts

      1. 20. Restrictions on terminating standard occupation contracts

   9. Guidance to a licensing authority under Part 1 of the Housing (Wales) Act 2014

      1. 21. Amendment to section 41 of Housing (Wales) Act 2014

6. PART 5 Recovery of amount by contract-holder

   1. 22. Recovery of a prohibited payment or holding deposit

7. PART 6 Publicising Letting agents' Fees

   1. 23. Publicising letting agents' fees

8. PART 7 Final provisions

   1. 24. Requirement for local housing authority to promote awareness of effect of Act

   2. 25. Power to make transitional provision in respect of assured tenancies

   3. 26. Offences by bodies corporate

   4. 27. Regulations

   5. 28. Interpretation

   6. 29. Crown application

   7. 30. Coming into force

   8. 31. Short title

9. 1. SCHEDULE 1

      Permitted Payments

      1. Rent

         1. 1. (1) A payment of rent under a standard occupation contract...

      2. Security deposit

         1. 2. (1) A payment of a security deposit is a permitted...

      3. Holding deposit

         1. 3. A payment of a holding deposit is a permitted payment....

         2. 4. A holding deposit is an amount which—

         3. 5. Where an amount required in purported compliance with this paragraph...

      4. Payment in the event of default

         1. 6. (1) A payment that is required, under a standard occupation...

      5. Payment in respect of council tax

         1. 7. (1) A payment that a contract-holder is required to make...

      6. Payment in respect of provision of utilities

         1. 8. (1) A payment for or in connection with the provision...

      7. Payment in respect of television licence

         1. 9. (1) A payment that a contract-holder is required to make...

      8. Payment in respect of communication service

         1. 10. (1) A payment for or in connection with a communication...

      9. Service charges payable to community landlords etc.

         1. 10A. (1) A payment of a service charge is a permitted...

      10. Payment for further copy of written statement

          1. 10B. A payment of a reasonable fee for a further written...

      11. Changing the meaning of “permitted variation” in paragraph 1

          1. 11. If regulations made under section 7 amend this Schedule so...

   2. SCHEDULE 2

      Treatment of Holding Deposit

      1. Application

         1. 1. (1) This Schedule applies where a holding deposit is paid...

      2. Meaning of “deadline for agreement”

         1. 2. (1) In this Schedule, the “deadline for agreement” means the...

      3. Requirement to repay holding deposit

         1. 3. Subject as follows, the person who received the holding deposit...

         2. 4. The deposit must be repaid within the period of 7...

      4. Exceptions

         1. 5. Paragraph 3(a) does not apply to the extent that the...

         2. 6. If all or part of the holding deposit is applied...

         3. 7. Paragraph 3(b) does not apply if the contract-holder provides false...

         4. 8. Paragraph 3(b) does not apply if the contract-holder notifies the...

         5. 9. Paragraph 3(b) does not apply in relation to a holding...

         6. 10. Paragraph 3(b) does not apply in relation to a holding...

      5. Supplemental provision about exceptions in paragraphs 8 to 10

         1. 11. (1) The exceptions specified in paragraphs 8, 9 and 10...

   3. SCHEDULE 3

      AMENDMENTS TO THE RENTING HOMES (WALES) ACT 2016

      1. 1. The Renting Homes (Wales) Act 2016 (anaw 1) is amended...

      2. Restriction on giving notice for possession: periodic standard contracts

         1. 2. After section 177 (restriction on landlord under a periodic contract...

         2. 3. In section 126 (notice procedure for variation, under section 125,...

      3. Restrictions on giving notice in connection with end of fixed term standard contracts

         1. 4. (1) After section 186 (landlord's notice in connection with end...

      4. Restriction on using landlord's break clause in fixed term standard contracts

         1. 5. After section 198 (restrictions on use of landlord's break clause:...

      5. Restrictions on a court hearing landlord's claim for possession

         1. 6. In section 204 (restrictions on court hearing a landlord's claims...

      6. Miscellaneous consequential provision

         1. 7. In Schedule 1 (overview of fundamental provisions incorporated as terms...