The Code of Practice for Landlords and Agents licensed under Part 1 of the Housing (Wales) Act 2014 (Appointed Date) Order 2015

Welsh Statutory Instruments

2015 No. 1932 (W. 290)

Housing, Wales

The Code of Practice for Landlords and Agents licensed under Part 1 of the Housing (Wales) Act 2014 (Appointed Date) Order 2015

Made

18 November 2015

The Welsh Ministers, in exercise of the power conferred on them by section 40(7) of the Housing (Wales) Act 2014(1) make the following Order.

Title

1.  The title of this Order is the Code of Practice for Landlords and Agents licensed under Part 1 of the Housing (Wales) Act 2014 (Appointed Date) Order 2015.

Appointed Date

2.  The date appointed for the coming into force of the Code of Practice for Landlords and Agents licensed under Part 1 of the Housing (Wales) Act 2014 (a draft of which was approved by resolution of the National Assembly for Wales on 3 November 2015) is 23 November 2015.

Lesley Griffiths

Minister for Communities and Tackling Poverty, one of the Welsh Ministers

18 November 2015

EXPLANATORY NOTE

(This note is not part of the Order)

Section 40(1) of the Housing (Wales) Act 2014 (“the Act”) provides that the Welsh Ministers must issue a code of practice setting standards relating to letting and managing rental properties. Once approved by the National Assembly for Wales (“the Assembly”) under section 40(6) of the 2014 Act, the code comes into force on a date appointed by order of the Welsh Ministers.

The Code of Practice for Landlords and Agents licensed under Part 1 of the Housing (Wales) Act 2014 (“the Code”) was approved by resolution of the Assembly on 3 November. This Order appoints 23 November 2015 as the date on which the Code issued comes into force.

The Code contains requirements and recommendations in relation to standards for letting and managing rental properties. The Code includes requirements which are existing statutory obligations. These requirements must be complied with by licensed landlords and agents, or else there is a risk that their licences will be revoked. The Code also includes best practice recommendations but non-compliance with these recommendations will not lead to licences being revoked. The Licensing Authority (as designated under section 3 of the Act) is responsible for all decisions in relation to registration and licensing of landlords and agents including the revocation of licences.

Section 2 of the Code sets out the requirements which must be complied with by landlords or agents before a property is let. These include requirements in relation to appointing an agent, and when marketing or advertising a property.

Section 3 of the Code relates to the requirements when setting up a tenancy, including references and checks to be carried out, supplementary documentation to be provided and requirements regarding tenancy agreements and deposits.

Section 4 of the Code also explains what is required at the start of the tenancy and afterwards over the duration of the tenancy. This includes requirements in relation to the property conditions, collecting rents and providing contact details.

Section 5 of the Code relates to when a tenancy is ended, whether by the tenants, landlords or agents.

An electronic copy of the Code can be obtained from the Welsh Government website, and a hard copy may be obtained from the Department of Housing, Welsh Government, Rhydycar Business Park, Merthyr Tydfil, CF48 1UZ.

(1)

2014 anaw 7.