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Landlords have you registered with Rent Smart Wales?
The Housing (Wales) Act 2014 deals with the obligations now placed on private landlords of properties in Wales. It also affects those landlords who live outside Wales but, let properties out in Wales.
All private landlords who are involved in the letting of a property in Wales must register themselves and their properties with an organisation called Rent Smart Wales.
Private landlords who self-manage their properties in Wales must also apply for a license and before obtaining such license they must undertake the necessary training. Failure to register is an offence, with the landlord being liable on summary conviction to a fine as prescribed by the Act.
A very important further consequence of the landlord failing to register or the landlord not being licensed is that they cannot rely upon any Section 21 Housing Act 1989 notice to quit. This means, that any subsequent possession proceedings they bring will be struck out.
Before granting an appropriate licence, the licencing authority must be satisfied that the applicant is a “fit and proper person to be licensed” and that such a person has been suitably trained.
There are meanwhile factors that will disqualify you from being a “fit and proper person” and these will be:
a. Where the applicant has committed any offence involving fraud, dishonesty, violence, firearms or drugs.
b. Where the applicant has practiced unlawful discrimination or harassment or the grounds of any characteristic which is protect under Section 4 of the Equality Act.
c. Whether the applicant has contravened any provision of the law relating to housing or landlord and tenant.
It will therefore be seen that, the criteria are strict and it is to be anticipated that, this Act will have very serious consequences and indeed those who are unaware of it will be significantly disadvantaged.
If you have any queries in relation to any Housing, Civil Litigation or Family Law matter contact us now at Sinclairslaw on 02920 388398