The following page provides a number of frequently asked questions. Click on the question to find the answer. If you can't find the answer to a question you have, please contact Rent Smart Wales.
What is Rent Smart Wales?
Landlord Accreditation Wales FAQs
I am a landlord in Wales; how do I register and what do I have to do?
I am part of a joint landlord arrangement, how do we go about registering?
What is landlord registration and who does it apply to?
What type of private renting arrangements in Wales does the legal requirement to register not apply to?
I want to register on-line but I am the landlord for a lot of rental properties in Wales. Is there a way I can upload my properties to the register rather than input them individually?
Can an agent register on behalf of a landlord?
How much does it cost to register as a landlord?
What information is made publicly available about a registered landlord or licensed landlord/agent?
What are the fees collected for landlord registration and landlord and agent licensing used for?
Do I need to include rental properties I have outside of Wales in my registration?
I am trying to register a property, but it is already registered to someone else
Can I reclaim the costs of my Rent Smart Wales registration and licensing fees on my Income Tax Self Assessment return or Corporation Tax return?
I hold Power of Attorney for a Landlord. How do I register and licence the property(ies)?
Licence Types and Associated Conditions
How do I obtain a landlord licence and how long does it last?
Landlord licence application checklist
The definition of letting and management activities carried out by a landlord for which they must have a licence
Who needs to be trained so that a landlord can be licensed?
How much does a landlord licence cost?
I do not live in Wales. Can I still conduct letting and management?
I reside outside the UK, can I still let and manage the properties I own in Wales?
How far away can I be and still manage the property?
I have a landlord licence, but am going on holiday. Who can manage my property?
If I am unable to manage my property or I'm on holiday how much time do I have before being required to appoint a licensed agent?
The definition of letting and management work carried out by an agent for which they must have a licence
How do I obtain an agent licence and how long does it last?
Agent licence application checklist
How much does an agent licence cost?
What training must I do to obtain a licence?
Agent Client Money Protection
Agents Acting on Behalf of Only One Client Landlord
I am a landlord and an agent; do I need to apply for both a Landlord Licence and an Agent Licence?
I need to become licensed to manage a rental property in Wales but cannot attend a training course in person. What can I do?
Can I reclaim the costs of the Rent Smart Wales mandatory training for licence holders?
I have a licensed House in Multiple Occupation in Wales; do I have to be registered and licensed with Rent Smart Wales?
I own a house but my partner does all the management work. Do we both need a licence?
I jointly own a rental property with someone else. We both do the property management work. Do we both need to register and become licensed?
Am I required to register/licence if I am a ‘resident landlord’?
I own some rental properties on my own and some jointly. Who needs to register and who needs to obtain a licence?
I own and manage my own rental properties and also manage others' rental properties. What do I need to do?
I run a letting and management agency and we have a number of staff. Which if my staff need to be trained so my company can get a licence?
I am a Trustee of a Trust which owns property in Wales. Does the new legislation apply to us and our property?
Do contractors such as gardeners, gas engineers, electricians, etc need to apply for a licence?
Rent Smart Wales is a service within Cardiff Council, in place to administer the requirements for landlord registration and agent and landlord licensing under the Housing (Wales) Act 2014. The Welsh Ministers formally designated Cardiff Council on the 1st April 2015. This means Cardiff Council are the Licensing Authority who will do this work for every local authority area in Wales. The reason the Welsh Government chose one Council to act as administrator for the whole of Wales is to make the service easier for landlords, agents and tenants to access. The central register means that a landlord only has to complete one registration and if they self- manage, only apply for one licence to cover them for the whole country. The same applies to agents, who need only apply for one licence.
The Licensing Authority is working with local authorities to carry out their functions under the Act. Local authorities for each area may lead enforcement action against those landlords and agents not complying with their legal obligations on behalf of the Licensing Authority.
In order to offer a complete service for the private rented sector in Wales, Rent Smart Wales also has information available to assist tenants living in, or looking to live in, the private rented sector. This includes a Tenant Guide, which can be found on the Tenants Page.
Landlord Accreditation Wales transfer: What have we done?
On the 29th of March we transferred all of the training records and information for nearly 4,500 members of Landlord Accreditation Wales (LAW) to the Rent Smart Wales system. In this process we have either created a personal user account on our website or updated an existing one. Within your personal user account you can complete a Landlord Registration, License as a Landlord/Agent and book or complete training.
Why have we done it? We have transferred this information to our Rent Smart Wales system to make the transition for our Landlord Accreditation Wales (LAW) members easier.
With the new law for landlords and agents in Wales to comply with, we wish to help people who previously signed up to LAW transition into the new legal system. We have done this by migrating most of the information you provided when you signed up to LAW into your Rent Smart Wales user account. This user account also includes a record of the training that LAW members attended when they were originally accredited, allowing them to qualify for a Licence without having to repeat that training; they may only need to complete an online top up to let them know all about the new Housing (Wales) Act 2014. What do I need to do?
Landlord If you are a Landlord in Wales then you will need to make sure that your properties are registered. You can do this via our website in your personal user account. When you log into your account you can create a new registration and then apply for a Landlord Licence if you are responsible for managing your properties. You may also need to complete a training top up to qualify for your Licence.
If you are a Landlord, or an employee of a landlord, who completed training with LAW before the 6th August 2015, you will need to complete the free online top up course “Part 1 of the Housing (Wales) Act 2014: An Overview”. You can book this now by accessing your Training Record in your personal user account. Please note that the online top ups are only free for the first 3 months for LAW members (until 29th June 2016).
If you completed LAWs training on or after the 6th August 2015 then your training record is sufficient for your Licence. Your training course will have included all the information about the Housing (Wales) Act 2014, so you will not need to complete the further top up training course.
Agent If you are an Agent, or the employee of an Agent, that is instructed by a Landlord to carry out letting/management work for a rental property in Wales, then you will need to apply for an Agent Licence. You can complete this via your personal user account on the Rent Smart Wales website.
You will also need to complete a training top up to qualify for your licence. As an Agent you will always need to complete the free online “Supplementary Agent Development Training Course”. You can book this now by accessing your Training Record in your personal user account.
I have received an email from Rent Smart Wales, what is it for?
If we have created a new user account for you in the transfer you will now have received an email. This email informs you that you now have a user account and confirms what your username is for Rent Smart Wales. In most cases this will be the same username and password that you had for the Landlord Accreditation Wales website. If your username was already taken by another user then the email will tell you the new one that you have been allocated.
This email also contains a link to the website to allow you to log in. Once you have logged in you will have access to everything described above, via your personal user account. What if I don’t have an email address?
If you do not have an email address or did not input one into the LAW website, we will not be able to send you your log in details via email.
Instead we will be sending the information out to you in the post. This may also mean that you have to complete paper Registration and Licensing forms. Please get in contact with us to let us know if you need these sent out as well.
If you do now have an email address and want to access the website online, you can contact us on 03000 133344 and we can add this to your account and send you an email to allow you access. I already have an account with Rent Smart Wales and so I have not had my training record automatically transferred over. What do I need to do?
If you have previously created a user account with Rent Smart Wales we will not be creating you a duplicate account. We have been keeping a track of Landlord Accreditation Wales members who have created Rent Smart Wales user accounts and we have tried not to include any of those in the transfer. We will be manually going into your account and uploading your training record. Once this is done, we will let you know and you will be able to continue with the process, either by applying for a Licence or completing the necessary top ups.
If you have already created a user account but you have also had an email from us telling you about a new account, then we may have missed your account in our crosschecks. If you contact us to let us know, we will be able to merge your training record with the original user account that you created. Once this is done we will let you know and you will be able to complete any top ups and applications that you need.
The cheapest and easiest way to register is on-line. This can be done through the Rent Smart Wales website. First you must create an account on the website, and then you will be guided through the registration process. Start Process or click here to read a guide on the process.
Before you start you will need the following things:
If you are an individual landlord
If you are part of a joint landlord arrangement
If you are a company/charity landlord
If you are a trustee for a rental property in Wales
If you are an individual landlord:
The registration will ask for your name, date of birth, correspondence details and then the full address of each rental property in Wales you are the landlord for. It is best to have the postcode of your rentals to help you input the correct details in the on-line form. You must then pay the landlord fee of £33.50 to complete your registration. Payment can be made on-line.
If you complete your registration using the paper form the fee is £80.50 and you can pay over the phone.
Once you have completed your registration you will receive confirmation and be provided with a unique registration number.
If you self-manage any rentals you register, you must then proceed to apply for a landlord licence. To find out more about this process, read the 'how to obtain a landlord licence' section.
If anyone other than you undertakes any letting or management work at one of your rental properties in Wales, they are called an agent and they will need to become licensed. Letting and property management work is doing things, for instance, like marketing and setting up a domestic tenancy with new tenants (often termed let-only services), or managing a tenancy for you.
Read the full definition of letting and management work here.
Any agent you instruct will need to be declared by you on your registration against the rental address they let or manage. This agent must apply for a licence. It is best to have your agent’s full details (including full trading name and e-mail address and licence number if they already have one) in order to put their correct details on your registration.
If you are part of a joint landlord arrangement:
The registration will ask you to identify yourself as the lead landlord for registration purposes. You will then have to provide your name, date of birth, correspondence details and also the name and date of birth of the other joint landlords. You will also have to provide the full address of each rental property in Wales you jointly own. It is best to have the postcodes of the rentals to help you input the correct details on the on-line form. You must then pay the landlord fee of £33.50 to complete your registration. Payment can be made on-line.
Once you have completed the registration you will receive confirmation and be provided with a unique registration number for the joint landlord arrangement.
If you self-manage any rentals you register, you will then need to proceed with applying for a licence. To find out more about this process, read the 'how to obtain a landlord licence' section.
If a joint landlord who is not the lead landlord for registration purposes does any letting or management activities at a property on the register, they must separately obtain a landlord licence. The lead landlord for registration purposes must declare this licensable landlord in the registration against any rental address they act at.
If anyone else, other than the registering landlord (or another joint landlord) undertakes any letting or management work at one of your rental properties in Wales, they are called an agent and they will need to become licensed. Letting and property management work is doing things, for instance, like marketing and setting up the tenancy with new tenants (often termed let-only services), or managing a tenancy for you. Read the full definition of letting and management work here.
Any agent you instruct will need to be declared by you on your registration against the rental address they act at. This agent must apply for a licence. It is best to have your agent’s full details (including full trading name and e-mail address and licence number if they already have one) in order to put their correct details on your registration.
If you are a company/charity landlord:
If you are part of a company/charity who is a landlord you must complete the registration providing the company/charity details, including any Companies House or other relevant Registration number. Otherwise you work through the process the same as if you are an individual named person.
If you are a trustee for a rental property in Wales:
If the property is owned in trust, one trustee can register the property under the collective name of the trust.
Since 23 November 2015, the legal obligation for all Landlords operating in Wales is to register in order to comply with the law.
In order to register, a landlord must provide accurate and up-to-date information about themselves and their rental properties in Wales. This only applies to rental properties rented out on Assured, Assured Shorthold or Regulated Tenancy. If you do not believe the property you rent out is on this type of contract, read the section below about what type of rental arrangements this legislation does not apply to.
This requirement comes from Part 1 of the Housing (Wales) Act 2014.
When providing information about rental properties, landlords should be aware of the following: Under the Housing Act Wales 2014 Part 2 (1),
When completing a registration, dwellings need to be registered separately. Therefore, if declaring a property split into flats or bedsits, each flat or bedsit would be declared individually.
The legislation only applies to landlords who rent out a property in Wales on an Assured/ Assured Shorthold Tenancy under the Housing Act 1988 or a Regulated Tenancy under the Rent Act 1977 (even if the tenancy is not written) (as defined in s.2 of the Housing (Wales) Act 2014). There are not many exemptions written into the legislation, however the following might help you understand if Rent Smart Wales applies to your arrangement or not. If you are not sure, we encourage you to contact Rent Smart Wales before starting a registration; the list below is not definitive.
Requirement to register Does NOT apply:
Joint landlords simply register through one registration. Each landlord does not need to register individually and pay the fee twice if all the properties on the registration are jointly owned. However, someone in the joint arrangement must take the ‘lead’ for the process and simply name and provide the date of birth for the other landlord’s during the registration process. The lead person who is going to complete the registration starts the process by clicking the apply button (right hand side of the menu bar), and simply follows the landlord registration process. If the lead person already has an account set up with Rent Smart Wales, they simply need to log in, go to 'My Account Summary' once in ‘My Dashboard’, scroll to the bottom of the page and click on ‘new landlord registration’. When the lead person starts a registration it will ask them to select from a drop down box what type of landlord they are, and here they select joint landlords. During the registration it will prompt to provide information on the other joint landlords. On the registration the lead person will declare who carries out the letting and management and the rental properties being registered. In regards to the training and applying for a licence, any landlord part of a joint arrangement who carries out letting and management at a rental property in Wales where they are a landlord will need to attend training and gain separate landlord licences. A list of the relevant activities someone requires a landlord licence to carry out can be found here Our website also has a landlord licence application checklist that can be viewed here which might be of interest.
The online process works best when all the properties are individually added to your registration. However, there is now the functionality to import multiple records at the same time, making the process faster and easier for landlords to add a moderate or large number of registered properties. We have created a guide in order to help you with this process. This can be downloaded by clicking here.
Only the landlord can complete the registration. This will either be the individual named landlord, a lead named landlord on behalf of a joint arrangement, or a member of the company, charity or trust who is the landlord. An agent or someone else cannot do it on behalf of a landlord. This is because the person completing the registration has to verify that the information being registered is true and accurate and they are personally responsible for the record.
The registration process can be completed on-line and therefore can be done by a landlord quickly and easily from wherever they may be based.
A landlord registration costs £33.50 if completed on-line and £80.50 if done on a paper application form.
This is the cost for each landlord registration, no matter how many rental properties in Wales are included in the registration. A separate registration must be done for each landlord arrangement a landlord is part of; so if a landlord was registering some properties in sole ownership, some as part of a joint landlord arrangement and also some in company ownership this would be three separate registrations, so three fees would be payable.
A higher fee is charged for a paper application as it takes more time for Rent Smart Wales to process.
The Housing (Wales) Act 2014 states in Schedule 1 what information must be provided about a registered landlord, property or licensed landlord or agent if a request is made to the Licensing Authority.
You can obtain this information using our public register by clicking here and searching by property address, landlord’s name, agent’s name or landlord and agent reference numbers.
Money received in fees will pay for the running costs of Rent Smart Wales. This includes work to make sure licensed people comply with their licence conditions, complaints from tenant’s are investigated and proactive enforcement work is undertaken by local authorities in Wales to make sure those people who try to ignore their legal obligations are made to comply or face sanctions.
Fee income is not collected to make a profit.
You do not need to include the addresses of any rental property you own outside of Wales on your registration. Only properties located in Wales need to be declared.
You will not be able to register a property that is already registered to another landlord.
If you are trying to register a property that is registered to someone else you will need to provide us with documentary evidence that you are the landlord of the property so that we are able to release the property for you to add to your landlord registration.
Examples of the types of evidence that you can send us to prove that you are the landlord of a property are listed below:
You can send this evidence via email to rentsmartwales@cardiff.gov.uk; via our Contact Us Form; or via post to Rent Smart Wales, PO Box 1106, Cardiff, CF11 1UA
Once we have received the evidence and determined that it is acceptable, we will contact you to advise that the property is available to register.
If you require any further assistance please contact us on 03000133344
You can apply for a licence online on this website. In order to do so you must first create a personal account.
You can request a paper licence application form by contacting Rent Smart Wales on 03000 133344 or you can download a form to complete and return by post (for the paper fee) on our Resource Page.
To submit a valid licence application, all the information required must be submitted, the correct fee must be paid, evidence of suitable landlord training must be provided and the 'fit and proper' person declaration must be completed.
The training that a landlord must do in order to obtain a licence can either be done direct with Rent Smart Wales, or an approved course can be completed with a training provider authorised by Rent Smart Wales. To read more about the licensing training requirement go to the 'what training must I do to obtain a licence?' section
Once a complete licence application is submitted to Rent Smart Wales it will be assessed to determine if a licence can be granted. This will involve confirming the application is complete and the correct fee has been paid. Rent Smart Wales must also be satisfied the landlord is ‘fit and proper’ (by ensuring they have no relevant convictions against them) and confirm the training completed by the applicant and/or their staff as part of the application is suitable for licensing purposes. Licences can be refused if the applicant is not deemed ‘fit and proper’.
If a licence is awarded the landlord will receive notification of their unique licence number and the conditions attached to their licence. The landlord will also receive a licence card in the post.
How long does a licence last? Once a landlord is licensed it lasts for 5 years. During that time the applicant must keep the information in their licence application up to date (for instance updating correspondence details if they change) and also comply with the conditions of the licence. One condition will always be to adhere to the Code of Practice. The Code of Practice has been created by the Welsh Government as a way to ensure a consistent standard of letting and management practice in Wales. You can read a copy of the Code here
If a licence holder fails to comply with any condition of their licence, or is no longer ‘fit and proper’, their licence can be revoked. This is a serious action as it would mean a landlord could no longer control the letting and management activities at their rental properties. Instead they would have to instruct a licensed agent to do the work on their behalf.
The applicant (Individual, Body Corporate, Company, Charity or Trust) must complete an application providing relevant information, including contact details, about the applicant.
In the application all ‘connected persons’ (employees of the applicant) who do letting and/or management work at a property in Wales must be named and their date of births provided.
The licence fee must be paid (online application = £144, paper application = £186)
The applicant and/or all connected users must be suitably trained to the landlord standard (read training options: https://www.rentsmart.gov.wales/en/training/)
The fit & proper declaration must be made
Once a completed application is submitted it can take up to 8 weeks for Rent Smart Wales to determine it and either grant a licence, or refuse it.
If a landlord undertakes any of the following at a rental property in Wales for which they are a landlord, they must obtain a licence.
Landlord Letting Activities:
Landlord Property Management Activities:
Generally speaking the landlord will need to be trained. However, for companies and larger landlords who have employees (‘connected persons’) it is those people who must be trained and named within the landlord’s licence application so that the landlord can obtain a licence.
The definition of a connected person in the legislation is:
‘a person doing things under a contract of service or apprenticeship with an applicant for a licence where the applicant for a licence is the landlord and the person does any of the things listed in:
(i) section 6(2) (requirement for landlords to be licensed to carry out lettings activities) of the Act; and (ii) section 7(2) (requirement for landlords to be licensed to carry out property management activities) of the Act’
Generally speaking a person under a contract of service is a staff member who you pay a salary to or who is an ‘employee’ for payroll purposes. People you pay for the services they provide (e.g. contractors) or people you instruct to act on your behalf are not counted as ‘connected persons’ and they do not have to be trained in order for a landlord to obtain a licence.
The landlord licence fee is currently £144.00 for applications completed online. Licence applications submitted via paper application forms cost £186.00. A higher fee is charged for a paper application as it takes more time for Rent Smart Wales to process
The cost to undertake training for the licence is separate to the licensing fee and will depend on which training you decide to undertake.
An agent licence application can be submitted online. The first step of this process is that the person responsible for applying for the licence must create a personal account on this website. Once created they follow the flow to apply as an agent in Wales. Paper licence application forms can also be requested by contacting Rent Smart Wales on 03000 133344, or you can download a form to complete and return by post (for the paper fee) on our Resource Page.
To submit a valid licence application, all the information required must be submitted, the correct fee must be paid, evidence of suitable agent training must be provided and the 'fit and proper' person declaration must be completed.
If an individual or company applying for a licence has employees (defined as ‘connected persons in the legislation) whose work involves doing letting and management work at rental properties in Wales, then they must be declared on the licence application by the applicant and they must all complete agent training in order for the applicant to obtain a licence.
The full definition of a connected person in the legislation is:
‘a person doing things under a contract of service or apprenticeship with an applicant for a licence where the applicant for a licence is acting on behalf of the landlord and the person does any of the things listed in: (i) sub-sections (1)(a) and (b), (2)(a) and (b) and (3)(a) to (c) of section 10 (meaning of lettings work) of the Act; and (ii) section 12(1) (meaning of property management work) of the Act.’
Generally speaking a person under a contract of service is a staff member who you pay a salary to or who is an ‘employee’ for payroll purposes. People you pay for the services they provide (e.g. contractors) are not counted as ‘connected persons’ and they do not have to be trained in order for an agent to obtain a licence.
The training that an agent or their staff must do in order to obtain a licence can either be done direct with Rent Smart Wales, or an approved course can be completed by a training provider authorised by Rent Smart Wales. To read more about the licensing training requirement go to the What training must I do to obtain a licence? section.
Once a complete licence application is submitted to Rent Smart Wales it will be assessed to determine if a licence can be granted. This will involve confirming the application is complete and the correct fee has been paid. Rent Smart Wales must also be satisfied the agent is ‘fit and proper’ (by ensuring they have no relevant convictions against them) and confirm the training completed by the applicant and/or their staff part of the application is suitable for licensing purposes. Licences can be refused if the applicant is not deemed ‘fit and proper’.
If a licence is awarded the agent will receive notification of their unique licence number and the conditions attached to their licence. The agent will also receive a licence card in the post and a window sticker if the agent has a high street presence.
How long does a licence last? Once an agent is licensed it lasts for 5 years. During that time the applicant must keep the information in their licence application up to date (for instance updating correspondence details if they change) and also comply with the conditions of the licence. One condition will always be to adhere to the Code of Practice. The Code of Practice has been created by Welsh Government as a way to ensure a consistent standard of letting and management practice in Wales. You can read a copy of the Code here
If a licence holder fails to comply with any condition of their licence, or is no longer ‘fit and proper’ then their licence can be revoked. This is a serious action as it means that the person can no longer undertake any letting or management work at any rental properties in Wales on behalf of a landlord.
The applicant (Individual, Body Corporate, Company, Charity, Residential Social Landlord or Trust) must complete an application providing relevant information, including contact details, about the applicant.
The licence fee must be paid (see fee policy: https://www.rentsmart.gov.wales/en/resource-library/#10 as fees are dependent on size and type of agent)
The applicant and/or all connected users must be suitably trained to the agent standard (read training options: https://www.rentsmart.gov.wales/en/training/ )
A list of all managed properties in Wales by the agent must be uploaded, including the details of all of the client landlords. If the agent is ‘let only’ then a declaration to this affect is made.
If the agent has Client Money Protection, Professional Indemnity Insurance and Membership to a Redress Scheme, evidence of this must be provided on application.*
*Please note, if an agent does not have these business safeguards in place on application, then an agent licence can be granted, however there will be a timed condition added to the licence to require these things within 6 weeks of the licence being granted. Failure to comply with a licence condition can mean a licence is revoked. Only in exceptional circumstances (e.g. when a person is looking after a rental property for a direct family member only would this condition not be part of an agent licence). Agent’s part of an agent membership body such as the Association of Residential Letting Agents (ARLA), Royal Institute of Chartered Surveyors (RICS), the UK Association of Letting Agents (UKALA) or safeagent should already be part of a Client Money Protection Scheme, have professional Indemnity Insurance and be a member of an independent redress scheme such as The Property Ombudsman, Ombudsman Services Property or the Property Redress Scheme.
The work done on behalf of a landlord a person or company requires a licence for is defined in section 10 and 12 of the Housing (Wales) Act 2014.
The criteria for agent licensing is: Agent Letting Work: One of these can be done by a person who is not the landlord without requiring an agent licence, as long they also do nothing under the ‘agent property management work’ section.
• publishing advertisements or disseminating information; • arranging and conducting viewings with prospective tenants; • preparing, or arranging the preparation of, the tenancy agreement; • preparing, or arranging the preparation of, any inventory or schedule of condition;
Agent Property Management Work: This activity on its own requires a licence:
• collecting rent;
It is acceptable to do one of the following without requiring a licence, as long as you do not collect rent, or do anything under the ‘Agent Letting Work’ section:
• being the principal point of contact for the tenant in relation to matters arising under the tenancy; • making arrangements with a person to carry out repairs or maintenance; • making arrangements with a tenant or occupier of the dwelling to secure access to the dwelling for any purpose; • checking the contents or condition of the dwelling, or arranging for them to be checked as part of a current tenancy or for one that has ended; • serving notice to terminate a tenancy.
Specific point relevant to people who only check the condition of property or carry out inventories: If the only thing you do either before, during or after a tenancy is create an inventory or schedule of condition you do not need to be licensed as an agent (unless you do anything else listed under this part) Specific point relevant to people who carry out repair and maintenance work: If you are a person who is not the landlord but you undertake repairs or maintenance at the property (as a ‘contractor’ so under a contract for service) you do not need to be personally licenced as an agent if you are instructed by a landlord to carry out the maintenance work and they provide you with the tenants details/they provide the tenant with your details in order to allow you to directly deal with the tenant to secure access to the property. If however the remit of what you do in relation to letting or management work at a rental property in Wales on behalf of a landlord also covers any other letting or management work as detailed in this section then you will need an agent licence.
The Agent Fees have been revised to take account of comments received since the launch of Rent Smart Wales. The new fees have taken effect from the 25th April 2016. The new fee is graduated to reflect the size of the portfolio held by the Agent and a discount applies if an Agent is a member of a recognised professional body. Specifically these bodies are currently: UKALA, ARLA, RICS, safeagent.
The landlord fees apply where an Agent is managing less than 20 properties and do not undertake “let only” activities. The landlord fees apply where an Agent only manages their own and / or properties owned by a relative and do not employ staff for letting and management purposes. For further information view the policy.
There is different training available for landlords and agents. If a person is both a landlord and an agent who requires a licence, they can complete agent training and this will be sufficient for their landlord licence as well. People can choose to go on Rent Smart Wales run training, or they can complete approved training offered by authorised trainers. Our preferred option is that you complete the licensing training by attending a training course as people can interact and learn from each other and ask questions relevant to their own experiences. However there are also Rent Smart Wales on-line courses available for those people who do not find attending a course convenient. View our available training.
Alternatively external authorised trainers have obtained approval for their courses (offering both online and classroom based learning). View these external training options here.
Classroom training for landlords is a one day course delivered in a relaxed environment by trainers with real experience of working in the private rented sector. People find the training informative, relevant and of real value to draw from when running their rental properties. You can view the feedback from Rent Smart Wales classroom based training on our downloads page
You might also find our landlord licence application checklist and agent licence application checklist helpful to understand how training fits into the licensing process with Rent Smart Wales: Landlord Checklist Agent Checklist
No, you only need to apply for an Agent Licence and complete an Agent training course. The licence will cover you for both landlord and agent activities.
If attending a course is difficult for you, for example because you are unable to travel, because you live outside Wales or cannot attend a course due to work commitments, you can complete your training online via our Online Training Module. Alternatively some external authorised trainers also offer online training. View the online training options via the training page here.
Yes, the requirements of the Housing (Wales) Act 2014 are in addition to the licensing requirements for Houses in Multiple Occupation (HMO) in the Housing Act 2004. This new legislation in Wales does not repeal the Housing Act 2004; both are in place you must comply with both.
The landlord of a licensed House in Multiple Occupation must register with Rent Smart Wales. As part of the registration process, the address of the House in Multiple Occupation must be declared, as well as any other rental properties in Wales for which the person is the landlord. Against each rental property the landlord must declare who is responsible for letting and managing the property.
Whoever does the letting and management at the rental property must be licensed. This could be the landlord, the agent or both (if there is a split of responsibilities for letting and management). Licensing under Rent Smart Wales does not follow the same model as HMO licensing as a licence is not granted in relation to a specific rental property in Wales. A landlord or agent only needs to obtain one licence to cover them for any property in Wales.
Only those engaged in property management and/or lettings work need to be licensed. In this circumstance, your partner will need an agent licence, but if you yourself do not do any management works whatsoever then you will not need a landlord licence. As the landlord for the property you must register and declare your partner as the manager for the rental property you own.
Yes. One of you will be able to register the property on behalf of the other and be named as the “lead” landlord, but both sets of details will need to be on the registration and both of you will have to apply for separate landlord licences.
You will need to register the properties for which you are the sole owner. A separate registration will need to be completed for properties you own jointly; either owner can complete the registration on behalf of the other. The only individuals who need to obtain a licence are those engaged in letting and management activity. So if you solely perform all tasks related to letting and management then the other owner(s) of your properties will not need to obtain a licence.
Different rules apply if the tenant does not have exclusive use of the accommodation or you let part of the house or flat you live in to someone.
If you agree to let accommodation for a period at a rent and the occupier will have exclusive use of the accommodation, the agreement will almost certainly be an assured or shorthold tenancy. If the occupier does not have exclusive use of any part of the accommodation, he or she is likely to have a licence to occupy, not an assured or shorthold tenancy. The agreement will probably be a licence where you have specified that you require unrestricted access to the occupant’s room to provide services such as cleaning.
If you grant a tenancy but are a “resident landlord”, then the tenancy will not be an assured or shorthold tenancy. This rule generally applies to converted houses.So if your only or main home is a flat in a building which has been converted into flats and you then let another flat in that same building, the arrangement will no be an assured or shorthold tenancy. You do not need to share any accommodation with the occupier to be held to be a resident landlord. It is enough that you live in the same building.
However, if you live in a purpose built block of flats and you let one of the other flats in the same block, you will not be a resident landlord and the tenant will be a assured or shorthold tenant. If you live in a purpose built block, you will only be a resident landlord if you let a part of a flat which you yourself occupy as your home If the tenant has exclusive use of part of the accommodation but can also use another part of the accommodation, such as a communal living room or kitchen, with someone other than you, he or she is likely to have an assured or shorthold tenancy.
It is important to establish whether an agreement is a tenancy or a licence as this will affect your rights and responsibilities and those of the tenant or licensee.
You need to register your own properties. The owners of the other properties need to register their own properties and to name you as the individual who carries out letting and property management work at those addresses. You will then need to apply for an agents’ licence yourself in order to carry out the letting and management works at the houses that you do not own. You will not need a landlord licence as well, as an agent’s licence is sufficient for you to carry out the letting and management activites at both your own properties and others. Read more
You will (in the company name if the business is a body corporate) need to apply for an agent licence to license your company to let and manage properties in Wales.
If an individual or company applying for an agent licence has employees (defined as ‘connected persons’ in the legislation) whose job involves letting and management tasks at rental properties in Wales, then they must be declared on the licence application by the applicant and they must all complete agent training in order for the applicant to obtain a licence. They do not however each need to be licensed individually. If your employees do any of the following as part of their job, they need to be trained so you (as the applicant) can apply for an agent licence: • publishing advertisements or disseminating information; • arranging and conducting viewings with prospective tenants; • preparing, or arranging the preparation of, the tenancy agreement; • preparing, or arranging the preparation of, any inventory or schedule of condition; • collecting rent; • being the principal point of contact for the tenant in relation to matters arising under the tenancy; • making arrangements with a person to carry out repairs or maintenance; • making arrangements with a tenant or occupier of the dwelling to secure access to the dwelling for any purpose; • checking the contents or condition of the dwelling, or arranging for them to be checked as part of a current tenancy or for one that has ended; • serving notice to terminate a tenancy. The full definition of a connected person in the legislation is:
Generally speaking a person under a contract of service is a staff member who you pay a salary to or who is an ‘employee’ for payroll purposes. People you pay for the services they provide (e.g. contractors) are not counted as ‘connected persons’ and they do not have to be trained in order for an agent to obtain a licence. Other employees of the agent may not need to attend any training if they are not involved in property letting or management work, as defined by the Act (so typically employees who are purely receptionists, accountants, cleaners etc. would not need to undergo any training).
Yes. The trust is the legal owner of the property and thus the landlord, and if you rent out on an Assured, Assured Shorthold or Regulated Tenancy then you will need to be registered as such. The details provided should be those of the trust, not the individual trustee(s) filling in the registration. If the property is managed by an agency, this agency would need to be licensed. If one or more of the trustees themselves are responsible for property management work, then a single licence can be applied for (again, using the details of the trust); all individual persons carrying out property management work at the address would then need to undergo training.
No. Although they might occasionally contact tenants to arrange a convenient time to carry out work, contractors such as engineers or plumbers will not normally need to obtain a licence under the Housing (Wales) Act 2014 if the work they carry out is purely in the capacity of their profession.
Landlords who live outside of England, Scotland and Wales or 200 miles or more from their rental property are required to appoint a local* agent unless they have a locally based* staff member, formally employed on a contract of service. Appointing an agent does not preclude the landlord from also holding a licence if they wish to also carry out letting and management activities, but may prefer not to do so in light of this requirement.
Landlords who live outside of England, Scotland and Wales or 200 miles or more from their rental property are required to appoint a local* agent unless they have a locally based* staff member, formally employed on a contract of service.
Appointing an agent does not preclude the landlord from also holding a licence if they wish to also carry out letting and management activities.
Your licensed agent can be a high street letting and management agency, or an individual such as a family member or friend as long as they obtain a licence from Rent Smart Wales. However they are required to be local* to the property i.e. reside in England, Scotland or Wales and within 200 miles of the rental property.
If your licensed agent is a family member (As defined by the Housing Act 2004 -Mother, Father, Brother, Sister, Aunt, Uncle, Grandfather, Grandmother, step-relatives and relatives-by-law) they will pay the landlord licence application fee.
Please note that appointing an unlicensed agent is an offence. Click here to access the Public Register to check if an agent is licensed with Rent Smart Wales.
Rent Smart Wales can issue your landlord licence before you appoint a local* agent or employee, but your licence will have a condition on it specifying that you must appoint a licensed local* agent or employ a locally* based member of staff to assist in the management of the rental properties within 8 weeks of the licence being granted.
*locally based / local means somebody who lives in England, Scotland or Wales and is within 200 miles (i.e. less than) of the rental property.
**the mileage is calculated through the use of Google maps using the shortest distance calculator. The mode of transport considered is by car and the time the route will take between the licensee’s home or business address and the rental property at the furthest distance must be reasonable and viable.
You may appoint an unlicensed person to be the main point of contact and make any decisions relating to your rented properties in an emergency or for a short period of time, such as a holiday or hospital stay, which is less than 4 weeks. If you are away/ unable to manage the property(s) for more than 4 consecutive weeks one of the conditions below will apply, depending on when your licence was issued.
If your licence was issued before 21st May 2018:
If you are outside of mainland Britain/unable to manage your property(s) for more than 4 weeks you must appoint a mainland Britain-based licensed agent to let and manage your properties on your behalf for this time period.
If your licence was on or after 21st May 2018:
If you are away/unable to manage your property(s) for more than 4 consecutive weeks you must either employ a locally* based member of staff, or appoint a Rent Smart Wales local* licensed agent to let and manage your properties on your behalf for this time period.
You may appoint an unlicensed person to be the main point of contact and make any decisions relating to your rented properties in an emergency or for a short period of time, such as a holiday or hospital stay, but only if this is for less than 4 weeks. Otherwise, you will need to appoint a licensed local* agent or employ a locally* based member of staff formally employed on a contract of service.
You can deduct these costs in arriving at your taxable profits on the fees you have paid, as it is a mandatory scheme for all landlords with Welsh property.
If you were one of the people who paid your registration fee between November 2015 and 5th April 2016, it can be claimed as an expense on your 2015-16 tax return. Payments made between 6th April 2016 and 5th April 2017 can be included on your 2016-17 tax return. When your licence next needs renewing the cost will be deductible in the relevant tax year.
You can deduct these costs in arriving at your taxable profits on the training costs you have paid, as it relates to a mandatory training for all landlords or agents who manage Welsh property.
If you were one of the people who paid for your training between November 2015 and 5th April 2016, it can be claimed as an expense on your 2015-16 tax return. Payments made between 6th April 2016 and 5th April 2017 can be included on your 2016-17 tax return. If any further training is undertaken, the costs will be deductible in the relevant tax year.
If you hold Power of Attorney for a landlord (the donor) then as the attorney will need to create a Rent Smart Wales user account in your name providing all required information. You will then need to create a landlord registration on behalf of the donor. All of the information provided such as name, date of birth and correspondence information (address, telephone and email) should be yours to ensure that we only correspond with you as the attorney.
When selecting the type of registration, this will depend on the Power of Attorney arrangement in place. If you are the only person who holds Power of Attorney then you will need to select the type as “Individual”. If there are multiple attorneys then you will need to select the type as “Joint”. Please note: If you select the type of registration as “Joint”, you will be asked to provide the Name, Date of Birth and Email Address of the additional attorneys. You will need to enter this information regardless of whether they have any involvement with the rental property(ies).
When the registration asks you to provide a reference name, you will need to enter “Power of Attorney for ( Donor name )>”. This then shows Rent Smart Wales the arrangement in place and enables you as the attorney to make any amendments to the registration and authorise any changes that need to be made. This means that Rent Smart Wales will contact you as the attorney should we need to discuss anything regarding the registration rather than contacting the donor.
If you as the Attorney conduct the letting & / or management activities at the rental property(ies) on behalf of the donor, then you will be required to apply for an Agent Licence as a Power of Attorney allows you to make certain decisions on behalf of the donor, but doesn’t mean that you own the property(ies) therefore, you are the agent. If you do not conduct the letting and/or management activities at the donor’s rental property(ies) and an agent has been appointed, then you should link them to the property(ies) when completing the landlord registration.
Please Note: We will not require evidence that you hold Power of Attorney at the time of application however, Rent Smart Wales may request this in the future.
Rent Smart Wales require agents to have Client Money Protection where they undertake letting and management for landlords that are not part of their immediate family. Evidence of this is provided as part of the application or must be obtained within six weeks of a licence being granted. This is clearly stated within the Licence conditions (see also ‘Licence Types and Associated Conditions’ and ‘Agents Acting on Behalf of Only One Client Landlord’ below) If an agent applying for a licence indicates they do not currently handle any client money as part of their work as an Agent in Wales, Rent Smart Wales will accept this as long as the form ‘Agent No Client Money Declaration’ has been submitted as evidence with the application. Once this form has been submitted as evidence with the application, the Agent will not need to obtain Client Money Protection. You can find the appropriate form and more information here.
When a landlord or agent is granted a licence by Rent Smart Wales, there are a number of standard conditions attached. In some cases, additional Conditions may be added involving timescales and additional requirements of the applicant. You will find more information about each type of Licence and their associated conditions here.
Rent Smart Wales have made a policy decision that where an Agent is acting on behalf of only one client landlord (discounting any family members) that they are not related to, and only let and/or manage two or less properties for that landlord in Wales, the agent is not required to obtain Client Money Protection, Professional Indemnity Insurance or be a member of a Redress Scheme. If the Agent manages any more than two properties in the future (for non-family members), they will need to obtain these three things. However, Rent Smart Wales require the agent applicant and the landlord they are acting on behalf of to complete the One Client, Two Properties Declaration before the licence can be granted. The form can be found here.