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REGISTRATION & LICENSING SCHEME
IMPLEMENTATION DATE – OCTOBER 2015 WHAT’S NEW AND WHAT HAPPENS NEXT?
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“Rent Smart Wales” RENT SMART WALES
On the 14th July the Housing Minister – Lesley Griffiths announced “The Brand Identity” for the new Registration and Licensing Scheme and it will be known as “Rent Smart Wales”
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WHENEVER YOU SEE THIS SYMBOL IT RELATES TO THE LANDLORD REGISTRATION AND LICENSING SCHEME
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SINGLE LICENSING AUTHORITY
On the 1st April 2015 Cardiff Council were designated as the single licensing authority (SLA) – they are currently setting up team and systems to run the scheme. The benefits of having a “Single Licensing Authority” (SLA) are? - Consistent approach/message across Wales. - One point of contact. - Single brand leading to better compliance levels. - Efficiencies in service delivery.
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THE TASK AHEAD FOR THE SLA
By the end of this month they would have: Set out its application and fee requirements and training providers can apply to become authorised to offer licensing training. Create registration and application forms to ensure the prescribed information is collected. - Set the fee levels for landlord registration and landlord and agent licences. It is anticipated there will be one fee for a landlord to register, one fee for a landlord to obtain a licence and a fee for an agent to obtain a licence. By October the SLA will have: - Approved courses and authorised training providers. Once the legislation goes live landlords and agents will know which courses and which providers they can approach to attend suitable training to obtain a license. The cost of the licenced training will not be set by the SLA and it is not part of the fee to obtain a licence. This will be a separate cost and will be set by the providers in the market who will be offering licensing training.
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WHAT IS STILL TO DO? Creation of the “Code of Practice” Guidance for the Licensing Authority and Local Authorities and Guidance on determining whether an applicant for a licence is “fit & proper” These documents will be created by the Welsh Minister prior to the introduction of the legislation anticipated in October. Part of the conditions of a licence granted by the Licensing Authority is for the licence holder to abide by the Code of Practice issued by the Welsh Ministers. LAUNCH OF A DEDICATED, BRANDED WEBSITE There will be a staged launch. The website created will replace which Cardiff Council currently uses to host the LAW scheme. You can now log onto website, where you can register your interest (leaving address, contact number etc.) The fully functioning website will be active by October 2015 and will provide information on the new legal requirements contained in Part 1 of the Housing (Wales) Act 2014. It will be the main resource for people in Wales.
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WHAT LANDLORDS/AGENTS HAVE TO DO TO COMPLY?
Once the launch of the requirements under Part 1 of the Housing (Wales) Act 2014 come into force Landlords must approach the Licensing Authority: FIRSTLY LANDLORDS MUST REGISTER – you can register yourself and your rental properties and pay the fee on-line , with a paper application or via a dedicated telephone number. If a landlord does no letting and management activities at their rental properties registration is all that they do. Landlords will need to identify on their registration who undertakes this function on their behalf. If your registration is successful you will be assigned a registration number. Registration lasts for 5 years. It is the Registrants responsibility to keep their information up to date. Subject to compliance the landlord can apply for continued registration after five years and pay an additional fee.
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SECONDLY OBTAIN A LICENCE
IF YOU DO LETTING AND MANAGEMENT ACTIVITIES YOU DO REQUIRE A LICENCE You can apply for a licence and pay the fee on-line and book to attend training (class room based or on-line). If you have already undertaken training you would need to produce evidence of training and declare that you are fit and proper. If a licence is granted you will be given a licence number and the date the licence was granted. Licence lasts for five years. It is the responsibility of the licensee to comply with conditions and continue to be fit and proper. 84 days prior to expiry of licence, licence holder must apply for renewal.
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REMEMBER – Licences can be revoked if a licence holder breaches a licence condition or is no longer “fit & proper”
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ENFORCEMENT Enforcement powers will be shared between the SLA and Local Authorities. There will be a period of ONE YEAR following the provisions coming into force to comply with the legislation, after which the enforcement powers in the Act will commence. There are a range of penalties should someone not comply with the provisions: Rent Repayment Orders Fixed Penalty Notices Rent Stopping Orders Summary Convictions (with fines) Restriction on terminating Tenancies via Sec 21’s.
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SOME GOOD NEWS FOR LANDLORDS/AGENTS ALREADY ACCREDITED WITH LAW
If a landlord or agent is already accredited with LAW you will have little to do in order to gain a licence your details will be moved onto the new database of “Rent Smart Wales”. Landlords/Agents will, however, need to update their records and pay any fees! A reduction in fees MAY be offered as a reward for those who undertook training via LAW (to be confirmed).
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