Maya Chen
If you are a landlord in Wales, you may need to register with Rent Smart Wales and obtain a licence if you are carrying out letting or management activities, or if your property is subject to a 'domestic tenancy'. Registration is separate from licensing under the Renting Homes (Wales) Act 2016 and does not replace Housing Act 2004 licensing. Each separate ownership group needs registration, and if you own properties individually and jointly with another person, you will need to create two separate registrations and may need two separate licences. You can register via an online form provided by Cardiff City Council, and a fee is payable.
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What You'll Learn
Who needs to register
In Wales, landlords are required to register with Rent Smart Wales if they carry out letting or management activities and have a dwelling that is being offered to let or is subject to a 'domestic tenancy'. This includes ''self-letting or self-managing landlords'' who do not appoint a third party to carry out these activities on their behalf.
If a landlord does not carry out any letting or management activities, they do not need to register or obtain a licence. However, they may still need to register if they have a regulated tenancy agreement or occupation contract. In this case, they can appoint a licensed third-party agent to carry out the letting and management activities on their behalf.
Each separate ownership "group" needs its own registration. For example, if an individual owns one property, they must register themselves and that property. If they then own additional properties jointly with another person, a separate registration is required for those properties.
Registration is done through an online form provided by Cardiff City Council, and a fee is payable. Registration does not expire, but Rent Smart Wales may charge an additional fee after five years.
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Registration vs licensing
If you are a landlord in Wales, you may need to register with Rent Smart Wales and obtain a licence depending on your situation. The requirement for registration and licensing depends on the number of properties owned and the nature of ownership (individual or joint).
Registration typically involves providing basic information about yourself and your property to create an account and record with the relevant authority, in this case, Rent Smart Wales. It is a way of officially recording your details and acknowledging your responsibilities as a landlord. On the other hand, licensing often involves a more detailed assessment of your specific situation and activities. It grants you permission to carry out certain activities, in this case, letting and management activities, and ensures you meet the required standards and regulations.
In the context of Rent Smart Wales, if you own one property by yourself and another property jointly with someone else, you will need to create two separate registrations. This is because the registration process is tied to the individual owner and the specific property they own. Each property and owner combination requires a unique registration. Additionally, if both you and the joint owner are involved in letting and management activities, you may also need to obtain two separate licences. This is because the licensing is associated with the specific activities undertaken by each individual owner in relation to their respective properties.
The distinction between registration and licensing can be understood through their scope and purpose. Registration is generally a prerequisite for being recognised or acknowledged by a particular body or organisation. It often involves providing basic information to create an official record. Licensing, on the other hand, typically involves obtaining permission or authorisation to engage in specific activities or practices. Licences are often granted after a more detailed assessment of an individual's qualifications, competencies, or compliance with relevant regulations.
In summary, registration with Rent Smart Wales is necessary for landlords to officially acknowledge their role and responsibilities, while licensing pertains to specific permissions granted to undertake certain activities, such as letting and management, and ensures compliance with applicable standards and regulations. The requirement for registration and licensing depends on the specific circumstances of the landlord, including the number and nature of property ownership.
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Multiple properties
If you own multiple properties in Wales, you will need to register with Rent Smart Wales. A single registration can cover all the properties owned by a landlord. However, if you own properties both individually and jointly with another person, you will need to create two separate registrations and may also need two separate licences. For example, if Mrs Jones owns three properties, one individually and two jointly with Mr Jones, she will need to register twice. The first registration will cover her single property, and the second registration will cover the two properties she owns jointly with Mr Jones.
Registration is required if you are a landlord in Wales, regardless of whether you live in Wales or outside. Any number of properties, including just one, triggers the requirement to register. If you have recently purchased a property with an existing occupier and do not intend to continue renting it out, you are exempt from registration. However, you must take steps to recover possession within 28 days of the property being assigned to you and diligently pursue it.
Registration with Rent Smart Wales is done through an online form provided by Cardiff City Council, and a fee is payable. You will need to provide your contact details, date of birth, and details of all the properties for which you are the landlord. If you have appointed any letting or managing agents, their details must also be included in the registration.
Registration with Rent Smart Wales does not expire, but a further fee may be charged after five years and every five years thereafter. It is important to keep your contact information up to date, and any changes should be communicated to Rent Smart Wales.
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Letting agents
If you are a letting agent in Wales, you must obtain a licence from Rent Smart Wales. All licences must be applied for through Rent Smart Wales, and will involve some training.
A landlord could appoint a licensed agent for letting work, but they would still need to appoint another agent to carry out property management work. A landlord could, in theory, appoint one licensed agent to collect the rent and another to make arrangements for repairs and maintenance. However, the landlord must appoint an agent to "carry out all property management work in respect of the dwelling on the landlord's behalf".
A landlord's licence only permits them to manage properties for which they are the landlord. If you wish to manage or let properties on behalf of others, you must apply for an agent licence.
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Consequences of not registering
If you are a landlord in Wales, you must register and obtain a licence via Rent Smart Wales to comply with lettings and property management rules. A landlord could be the owner of the property or someone named on the contract who has an entitlement to possession in some other way, for example, by subletting from a superior landlord.
Rent Smart Wales may revoke the registration of any landlord who does not notify them within 28 days of changing a letting or managing agent. A landlord must not appoint or continue to allow a person to let or manage a property who does not hold a licence. This is a criminal offence and carries an unlimited fine, rent stopping, and rent repayment orders.
To be granted a licence, a landlord or agent must be a "fit and proper person". This means they must not have any previous convictions or have failed to comply with housing-related laws in the past. A licence lasts for five years, after which it will need to be renewed.
If you own one property individually and another jointly with another person, you will need to create two separate registrations and may also need two separate licences if you both undertake letting and management activities.
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Frequently asked questions
Landlords who are offering a dwelling to let or are subject to a 'domestic tenancy' need to be registered.
Registration is done via an online form on the Rent Smart Wales website, operated by Cardiff City Council. A fee is payable during registration.
You will need to provide your contact details, date of birth, and details of all properties for which you are the landlord. If you have appointed a letting or managing agent, their details must also be provided.
Each separate ownership "group" needs registration. For example, if you own a property jointly with another person, you will need to create separate registrations and may also need separate licences if you both undertake letting and management activities.
No, registration and licensing are entirely separate. All landlords letting under occupation contracts and regulated tenancies require registration, but a licence is only required by 'self-letting or self-managing landlords'.
