TENANT FEES TOOLKIT WALES

The Renting Homes (Fees etc.) (Wales) Act 2019 comes into force on 1 September 2019. To help members comply with this complex piece of legislation, our ‘Tenant Fees Toolkit Wales’ will support you through every step of the transition and beyond. The toolkit will help you to ensure your compliance with the Act, implement changes and communicate confidently with all of your clients.

 

 

 

What's included?

We have put together a whole host of resources to help you understand the fee ban and to help your business comply. These resources include a series of template documents, case studies from Scotland, bite-size videos and FAQs. Use the links above or keep scrolling to find what you need.

Useful information

Fact sheet

Fact Sheets

Nine fact sheets covering various aspects of the ban.

Download *

Tips

10 Practical Tips

Practical tips to help deal with the loss of income.

More info...

Scotland

Case Study from Scotland

Scottish agent reveals how they overcame their ban.

Download *

Tenant fees consumer guide

Tenant Guide

Information to provide to your tenants about the ban.

Download*

TDS guide

Landlord Guide

Information to provide to your landlords about the ban.

Download *

Welsh Assembly

Government Guidance

Renting Homes (Fees etc.) (Wales) Act: Guidance for landlords and agents.

Download

*You will be required to log in to the members' area before you can download these resources. They are also available in the online shop.

BITE-SIZE VIDEOS

We have put together a series of short videos to help explain parts of the ban. Hit play to watch all the videos in order, or if you want to watch a specific video please visit our YouTube channel.

Topics include:

  • An overview and prohibited payments
  • Permitted Payments
  • Variation of contract
  • Energy efficiency
  • Deposit Replacement insurance
  • Holding deposits overview
  • Withholding the holding deposit
  • Refunding the holding deposit
  • False and misleading statements
  • Default fees
  • Scope of the ban
  • Existing tenancies — fees
  • Tenancy deposit protection
  • Enforcement and penalties
  • Fee transparency

Legal documents

Document

AST Special Terms

AST Special Terms with two Renting Homes (Fees etc.) (Wales) Act compliant clauses on Default Fees.

Document

Fee Templates

New fee templates because not all fees are going away completely.

Document

Template Letters

Templates for communicating when a Holding Deposit needs to be refunded, forfeited or transferred.

Download from the Online Shop

Frequently Asked Questions

Agents in Wales have been asking us questions about how the Renting Homes (Fees etc.) (Wales) Act will affect them. We have brought together frequently asked questions and included the answers in our Tenant Fees Toolkit Wales.

Below are the answers to a few of the questions but to access the full set download the Tenant Fees Toolkit Wales from the Online Shop.

What types of tenancy fall under the ban?

The Act applies to an Assured Tenancy (including an Assured Shorthold Tenancy) under the Housing Act 1988. Tenancies of this type will be converted into Standard Occupation Contracts by the Renting Homes (Wales) Act 2016.

Can agents charge Utility bills on top of the rent?

Yes, landlords and agents can charge for utility bills on top of the rent but need to make sure the charges levied on the tenant do not exceed the cost of the utilities, otherwise, agents will be breaching the Maximum Resale Price Provisions set by Ofgem and Ofwat. Therefore, agents might want to consider charging an all-inclusive rent, instead of rent plus an additional amount for bills.

Is a bad landlord reference classed as false and misleading information?

No, a bad landlord reference is not classed as false and misleading information. The tenant must have actively lied. Therefore, agents may want to consider asking tenants about any history of rent arrears or anti-social behaviour during the last tenancy. They can then ask the landlord the same question, and if the answers are different, this would constitute false or misleading information, but a bad landlord reference alone does not.

Is the Holding Deposit cap for per tenant or per property?

The Holding Deposit cap applies per property. If tenants are jointly liable for the rent and are entering a joint contract, the Holding Deposit is capped at the weekly rent in which they pay as a whole. For example; Three joint tenants agree to a weekly rent total of £240, so the Holding Deposit is capped at this amount, if they chose to split this equally, they would pay £80 each.

Download from the Online Shop

GET FULL ACCESS

Members

We have added all of the exclusive elements of the toolkit to the online shop so that you can access these in a single place. If you do not know your login for the online shop please email publications@propertymark.co.uk

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Non-members

Some of the resources included in our toolkit are exclusively available to ARLA Propertymark members. In order to gain access please apply for ARLA Propertymark membership.

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