WHAT ARE MY LANDLORD OBLIGATIONS
SAFEGUARDING PEOPLE AND PROPERTIES
There are many different things to consider when letting your property and we are here to offer you the best advice we can. Our lettings experts can help you understand the full range of your obligations and responsibilities and give you all the support you need to let your property successfully.
RENTING HOMES (WALES) ACT 2016 – THE WAY YOU RENT HAS CHANGED
The Renting Homes (Wales) Act 2016 was made effective on the 1st December 2022, it is the biggest change to housing law in Wales for decades. The regulations set out by Welsh Government simplify how all landlords rent their properties. If you are a landlord it is important you know what the changes mean for you.
RENTING HOMES (WALES) ACT 2016
STANDARD OCCUPATION CONTRACT
The occupation contract must cover four areas: 1) Key matters: 2) Fundamental Terms: 3) Supplementary Terms: 4) Additional Terms. A written statement of the contract must be supplied to the new contract-holder no later than 14 days after the start of the contract.
ELECTRICAL CONDITION INSTALLATION REPORTS
Each rented property must provide a satisfactory electrical installation condition report (EICR), A landlord is required to have the electrical installation of the dwelling tested every five years. The current EICR must be made available to the contract-holder within 14 days of the occupation date.
CARBON MONOXIDE ALARMS
For rented accommodation in Wales, carbon monoxide detectors are required in each room of the dwelling that contains a gas, oil or solid fuel burning appliance installed. Inventory (schedule of condition report). All landlords must now provide an inventory at the start of the occupational contract.
SMOKE ALARMS
It is the responsibility of the landlord to ensure that their rented accommodation in Wales must be fitted with mains-powered and interlinked smoke alarms with one installed on each storey of the dwelling. All smoke alarms must be powered either from the mains electricity circuit or a dedicated mains circuit from the consumer unit. Smoke and heat alarms must either be interlinked by cable or by wireless radio-frequency interlink.
A GUARANTEED 12 MONTH AGREEMENT
The Contract-Holder is guaranteed a minimum 12-month agreement and longer notice periods to regain possession. Six months is the minimum notice period landlords must give the contract-holder to regain possession of their property. Landlords are unable to serve notice during the first six months of the agreement and are unable to serve notice during the fixed term. There are exceptions to this for converted contracts, however.
FURNITURE & FIRE SAFETY REGULATIONS
In line with Fire and Safety Regulations and the Furniture and Furnishings Fire Safety Amendment Regulations 1993, all new and second-hand furniture in rented properties must meet fire resistance requirements. These regulations apply to: beds, mattresses, sofas, pillows, loose and stretch covers etc. Please note that this list is not exhaustive. However, non-compliance is considered a criminal offence and can lead to a fine of up to £5000 and/or a prison sentence of up to six months. Visit rla.org.uk for more information
FULL WELSH GOVERNMENT GUIDANCE
For more information and the full guidance for landlords on the Renting Homes Act (2016) please visit gov.wales/landlords-housing-law-changing-renting-homes
ENERGY PERFORMANCE CERTIFICATES
You must provide an EPC for the property before you market your property to let. An EPC provides information about a property’s energy use and typical energy costs along with recommendations about how to reduce energy use and save money. An EPC gives a property an energy efficiency rating from A (most efficient) to E (least efficient) and is valid for 10 years.
BLINDS & TUMBLE DRYERS
Since 2014, regulations have been in force relating to window blind ‘cords’. Vertical, Venetian, Roller, Roman and Austrian blinds must have operating cords with built in safety systems to prevent them forming a hazardous loop, even if there aren’t children at the property. Landlords should check tumble dryers in their properties. Which? has advice about how to check whether a dryer is safe or not and also lists models that it knows to be affected by the safety alert.
FITNESS OF HOMES FOR HUMAN HABITATION (FFHH)
As a landlord you have a legal obligation to ensure your property is in good repair and fit for human habitation, this includes keeping the structure, exterior and the service installations of the dwelling in good repair. The new minimum housing standards are covered by 29 points in the new Fitness of Homes for Human Habitation (FFHH), to see more information visit gov.wales/fitness-homes-human-habitation-guidance-landlords Inspection and testing of electrical installation.
RENT SMART WALES
Since 23 November 2015, all Landlords within the private rented sector owning a property let out on an occupation contract in Wales are legally required to register with Rent Smart Wales in order to comply with the law. Failure to register false or misleading information on your registration is an offence. Once completed, the landlord registration is valid for 5 years. Upon expiry, you will need to renew the registration to comply for a further 5 years. If you do not appoint an agent to manage your property you are required to attend training and have a licence. The easiest and cheapest way to register is online, for more information take a look at the guidance from Rent Smart Wales by visiting rentsmart.gov.wales
LEGIONNAIRES’ DISEASE
Health and safety legislation requires that Landlords carry out risk assessments for the presence of Legionella bacteria which cause Legionnaires’ disease and thereafter maintain control measures to minimise the risk. Further advice is available from the Health & Safety Executive by clicking here: https://www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm BLINDS Since 2014, regulations have been in force relating to window blind ‘cords’. Vertical, Venetian, Roller, Roman and Austrian blinds must have operating cords with built in safety systems to prevent them forming a hazardous loop, even if there aren’t children at the property.
GAS SAFETY
The Gas Safety (Installation and Use) Regulations 1998 deal with landlords’ duties to make sure gas appliances, fittings and flues provided for the contractholder are safe. You are responsible for the maintenance and repair of flues, appliances and pipework provided for your contract-holders use by a Gas Safe registered engineer. You must also ensure an annual gas safety check is carried out within 12 months of the installation of a new appliance or flue, and annually thereafter by a Gas Safe Registered engineer. You must keep a record of the safety check for 2 years and issue a copy to each existing contract-holder within 28 days of the check being completed and issue a copy to any new contract-holders before they move in.