Part 1 Housing (Wales) Act 2014
Wales Fuel Poverty Conference
Bethan Jones
Operational Manager
Rent Smart Wales
16th February 2017
Title
Name/Date
Wales Fuel Poverty:
& Rent Smart Wales overview
1. Brief background to the establishment of Rent Smart
Wales and policy drivers
2. Role & purpose
3. Can we help to secure improvements to energy
efficiency?
4. Support Rent Smart Wales can provide to landlords &
partner organisations
–Given Royal Assent in
September 2014
– Majority of Part 1 came
into force 23rd Nov 2015
– Enforcement
commenced on 23rd Nov
2016
• Act introduced a legal requirement for all landlords to register
themselves and their rental addresses
• Landlords and agents who act on their behalf who let and/or
manage rental properties must become licensed
• Licensing based on training (no property inspection)
• Applicable to Assured, Assured Shorthold and Regulated tenancies
within Wales
• The Welsh Ministers have designated a Licensing Authority
to administer the system
• Cardiff Council have the designation
• Cardiff maintains the register and administers and grants
registrations and licences
• Landlords and agents have one application to cover them for
whole country.
• Service created within Cardiff Council; run under the brand
name Rent Smart Wales
• Information is critical to developing strategic plan for
intervention.
• Limited information about the private rented sector
– 2014/15 WG Dwelling stock estimates (208,000) properties in PRS in Wales
– No one knows true number of landlords; believe majority 1-2 properties
– Landlord profile unknown
– Type of stock unknown
– (Jan 2017: 70,774 landlords registered representing 145,467 properties)
• Important Housing Option but traditionally poorest standards of
management and conditions; often due to lack of understanding
– Research has shown that training has a significant impact on management
practice; with comparative little resource required.
– Tenant awareness is also powerful in improving expectations in the long
term
Property
condition
Training &
Information
Award /
Refusal of
Licence
Empowering
tenants
Complaints
from tenants
/ partners
Code of
Practice
Management
practice
Licence
conditions
Partnership
working
Proactive /
enforcement
work
•
Legal definition (s. 20 of the Act)
• Offences involving fraud or other dishonesty, violence, firearms or
drugs, or offence in Schedule 3 of the Sexual Offences Act 2003
• Unlawful discrimination or harassment on grounds of a protected
characteristic under Equality Act 2010
• Contravened any housing or landlord & tenant law
•
Check against a prosecution register
Purpose: to ensure that a person who is not safe to rent out
has to appoint an Agent to act on their behalf.
Working with partners to
ensure compliance….. To
improve quality of
property and management
practices
• Routine inspections
• Proactive projects
• Maintain records for the time
when licence applications
are being reviewed
• Identify breaches & notify
RSW (Cardiff)
• Promote the usefulness of
the code for new landlords
and in landlord fora & similar
• Compliance with the Code of Practice is a mandatory
licence condition. ( Section 22)
• Sets out “Requirements & Best Practice”
• Failure to comply…risk of losing licence
• Sections of the Code are:
–
–
–
–
Section
Section
Section
Section
2:
3:
4:
5:
Before letting a property
Setting up a tenancy
During a tenancy
Ending a tenancy
 Section 2: Before letting a property
• Energy Performance Indicator to be displayed on
advertisements / information about the property
• The Energy Performance Certificate must be made
available should a tenant wish to view it.
 Section 3: Setting up a tenancy
• Current EPC to be given to tenant, in writing and
before occupation
• A clear description of which party is responsible for
paying e.g. Utility bills
 Section 4: During a tenancy
•
•
•
•
•
•
•
A property must be kept in a safe condition, with no unacceptable risk to the health of
the tenants.
The installations provided for heating, including water such as the central heating or
gas fires, and also for the water heating, must be kept in proper working order.
Electrical wiring must be in a safe, working condition.
All electrical fixtures and fittings must be free from breakages, cracking or defects, and
be properly and securely fitted. All electrical appliances provided must be in a safe
condition.
To explain the workings of the heating and hot water installations,... & proper
instruction in use of heating and ventilation and practices to reduce the risk of damp
and mould growth.
Effective insulation of properties, together with the installation of energy efficient
boilers, can minimise heat loss, and reduce the cost of bills for tenants.
Measures such as the installation of extractor fans and adequate central heating can
help to prevent condensation and, more seriously, rising and penetrating damp which
can be very costly to rectify.
• Marketing should encourage most people to comply without
intervention but enforcement will be used for those who do
not comply intentionally. High risk areas are being
targeted first. Partnership will be key to success.
• Powers enacted from 23rd November 2016
• Good landlords are keen to see enforcement measures
implemented to secure a level playing field
• Suite of enforcement tools for ‘rogues’:
–
–
–
–
–
Prosecutions &Fixed Penalty Notices
Rent Stopping Orders
Rent Repayment Orders
Restriction on terminating tenancies (no s.21)
Revocation of a licence
How can Rent Smart Wales support landlords and
partner organisations to deliver improved energy
standards?
• Knowledge, information & advice
– News and event advertising on our website
– Online training modules
– E-messages to landlords and agents
• Level playing field: consistent application
of the legislation
• Take action to deal with rogue landlords,
working with partners, where necessary
• Rent Smart Wales should result in:
 Improved management standards in the private rented
sector
 More useful strategic information for LAs on landlords and
agents and the location of private rentals; and easier means to
connect with sector
 Raised awareness and transparency by landlords, agents
and tenants of their respective rights and responsibilities.
There is a Welsh Government produced Tenant Guide on the
Useful Downloads Page too.
Visit
www.rentsmart.gov.wales
Comprehensive FAQ
section and interactive
questionnaire.
Contact us through our online form or
Phone 03000 133344 or
Email:
rentsmartwales@
cardiff.gov.uk
Rent Smart Wales
@rentsmartwales