This email only affects those letting properties in Wales who from the 1 September 2019 will have to comply with the Renting Homes (Fees etc.) (Wales) Act 2019. http://www.legislation.gov.uk/anaw/2019/2/enacted

 

On 13 August 2019 GOV.WALES website issued Guidance for landlords and agents

https://gov.wales/search?global-keywords=Letting+fees%3A+guidance+for+landlords

 

They have also issued Letting fee guidance for tenants

https://gov.wales/letting-fees-guidance-tenants

 

As much as the Act seems to be clear, there are a few queries that at this stage we are still unsure on and are awaiting further guidance. For example.

Transition period

Unlike the English Tenant Fee Act there is currently no transition period. This means if a tenancy is signed prior to the 1 September 2019 the original clauses and payments are still required. May it be for a Schedule of condition, a chimney sweep or professional clean at the end of a tenancy, these charges can still be upheld at the end of the tenancy. This also includes any tenancies are already or enter into a contractual periodic element of the original tenancy. However, if the tenancy is renewed after the 1 September, the tenancy will need to be compliant with the new legislation.

 

Security deposits

There is also no cap on the security deposits in the act and it is anticipated that this will be brought in by regulations. So if a landlord requests a slightly higher deposit to permit pets to stay in the property then they can for the time being. The guidance implies that there will be a cap but that it will be introduced on some yet to be determined date after 1 September.