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The Renting Homes (Fees etc.) (Specified Information) (Wales) Regulations 2019

Monday 18 November 2019

The Renting Homes (Fees etc.) (Specified Information) (Wales) Regulations 2019 have been laid in the National Assembly for Wales and if not annulled, could come into force on 13 December.

Within the Renting Homes (Fees etc.) (Wales) Act 2019, Welsh Ministers have the power to make regulations setting out a list of the information that must be provided to a tenant before a Holding Deposit can be taken.

The intention of the Renting Homes (Fees etc.) (Specified Information) (Wales) Regulations 2019 regulations is:

  • To ensure that a prospective tenant does not provide a holding deposit unless specified information has been provided to them.
  • To provide that a landlord or agent is not able to require a holding deposit unless the relevant information has been provided to the tenant.

An eight-week consultation was undertaken between 24 May 2019 and 19 July 2019 with regards to making regulations in relation to Payments in Default and Holding Deposits.

The regulations will see landlords and agents in Wales needing to supply the below information to the tenant before a holding deposit is paid.

The following information must be provided to a prospective contract-holder:

  • Amount of holding deposit
  • Identify the dwelling in respect of which the deposit is paid
  • Name, address, telephone number and any email address of the landlord (and if instructed, the letting agent)
  • Nature and duration of the contract
  • Proposed occupation date
  • Amount of rent or other consideration
  • Rental period
  • Any proposed additional contract terms or proposed modifications or exclusions to fundamental or supplementary terms
  • Amount of any security deposit
  • Whether a guarantor is required and, if so, any relevant conditions
  • Reference checks the landlord (or letting agent) will undertake
  • Information the landlord or letting agent requires from the prospective contract-holder. The information must be provided to a prospective contract-holder in writing and may be given in person or sent either by post or provided by electronic means if the prospective contract-holder consents to receiving it electronically.

Unless the regulations are annulled by the Assembly, they will come into force on 13 December 2019 which leaves only 19 days for agents in Wales to put this into practice.

David Cox, Chief Executive, ARLA Propertymark said: “Once again, the Welsh Government is changing the law with little notice. Agents only have 19 days to put this into practice. We will be preparing a short factsheet and template for members to use in the coming days and we will publish this as soon as possible.”

ARLA Propertymark has produced a Holding Deposit Specific Information fact sheet and an editable template in order to help members comply. Members can access these by logging into the ARLA Propertymark website below.

Fact sheet and template