| Guvnor

Enforced by: Local Authority
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 6 of 54 obligations carry an unlimited fine. 7 carry different penalties and 41 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Landlord8 Any Person5 Licence Holder1 Director or Officer1

Plus 39 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Landlord — also bound by 224 other Acts

Renting Homes (Wales) Act 2016 74 duties

Housing Act 1985 55 duties

Housing Act 1996 30 duties

The Service Charges (Consultation Requirements) (England) Regulations 2003 27 duties

The Service Charges (Consultation Requirements) (Wales) Regulations 2004 26 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Licence Holder — also bound by 225 other Acts

Petroleum (Current Model Clauses) Order 1999 318 duties

The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 123 duties

Human Medicines Regulations 2012 83 duties

Space Industry Regulations 2021 68 duties

The Petroleum (Production) (Landward Areas) Regulations 1991 65 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

REGULATION OF PRIVATE RENTED HOUSING

23 of 50 sections shown

s.004 Requirement for a landlord to be registered Prosecution

Failure to register as a landlord in WalesLandlord

Fine up to £1,000

s.006 Requirement for landlords to be licensed to carry out lettings activities Prosecution

Carry out letting activities without a landlord licenseLandlord

Unlimited fine

s.007 Requirement for landlords to be licensed to carry out property management activities Prosecution

Managing rental property in Wales without a licenceLandlord

Unlimited fine

s.009 Requirement for agents to be licensed to carry out lettings work Prosecution

Act as a letting agent without a licenseLandlord

Unlimited fine

s.011 Requirement for agents to be licensed to carry out property management work Prosecution

Carry out property management work in Wales without a licenseLandlord

Unlimited fine

s.013 Offence of appointing an unlicensed agent Prosecution

Appointing or using an unlicensed letting or management agentLandlord

Fine up to £2,500

s.014 Duty to maintain register in relation to rental properties Regulated

Other duties (1) — Crown / regulator

Licensing authority must maintain a register of rental propertiesLocal authority

s.015 Registration by a licensing authority Regulated

Other duties (1) — Crown / regulator

Licensing authority must register landlords and issue registration numbersLocal authority

s.016 Duty to update information Prosecution

Fail to update landlord registration detailsLandlord

Fine up to £200

s.017 Revocation of registration Regulated

Other duties (1) — Crown / regulator

Licensing authority may revoke landlord registration for non-complianceLocal authority

s.020 Fit and proper person requirement Regulated

Other duties (1) — Crown / regulator

Licensing authority must assess if applicants are 'fit and proper'Local authority

s.021 Determination of application Regulated

Other duties (1) — Crown / regulator

Licensing authority must determine licence applications and notify applicantsLocal authority

s.022 Licence conditions Regulated

Comply with licence conditions and the professional code of practiceLicence Holder

s.023 Duty to update information Prosecution

Fail to update licensing authority on name or status changesAny Person

Fine up to £2,500

s.030 Rent stopping orders Regulated

Repay stopped rent if a rent stopping order is madeLandlord

s.031 Revocation of rent stopping orders Regulated

Other duties (1) — Crown / regulator

Tribunal may revoke a rent stopping order upon applicationTribunal / Court

s.035 Offences by bodies corporate Prosecution

Personal liability for directors and officers for corporate housing offencesDirector or Officer

Unlimited fine

s.036 Requests for information from authorities and use of information by authorities Regulated

Other duties (1) — Crown / regulator

Local authorities must share housing and council tax information for licensingLocal authority

s.038 Enforcement of powers to obtain information Prosecution

Failure to provide information to the Local AuthorityAny Person

Fine up to £2,500

s.039 False or misleading information Prosecution

Provide false or misleading information to a licensing authorityAny Person

Unlimited fine

s.041 Guidance Regulated

Other duties (1) — Crown / regulator

Licensing authorities must follow Welsh Ministers' guidanceLocal authority

s.042 Directions Regulated

Other duties (1) — Crown / regulator

Licensing authorities must follow directions from Welsh MinistersLocal authority

s.047 Information about applications Regulated

Other duties (1) — Crown / regulator

Licensing authority must publish application requirementsLocal authority

27 other sections in this Part — procedural and definitional

s.001 Overview of this Part

s.002 Meaning of key terms

s.003 Licensing authority

s.005 Exceptions to the requirement for a landlord to be registered

s.008 Exceptions to requirements for landlords to be licensed

s.010 Meaning of lettings work

s.012 Meaning of property management work

s.018 Licences that may be granted

s.019 Licence application requirements

s.024 Amendment of licence

s.025 Revocation of licence

s.026 Expiry and renewal of licence

s.027 Licensing appeals

s.028 Prosecution by a licensing authority or a local housing authority

s.029 Fixed penalty notices

s.032 Rent repayment orders

s.033 Rent repayment orders: further provision

s.034 Power for Welsh Ministers to make regulations in relation to sections 32 and 33

s.037 Power to require documents to be produced or information given

s.040 Code of practice

s.042 Crown Application: Part 1

s.043 Activity in contravention of this Part: effect on tenancy agreements

s.044 Restriction on terminating tenancies

s.045 Landlords who are trustees

s.046 Regulations about fees

s.048 Giving notification etc. under this Part

s.049 Interpretation of this Part and index of defined terms

Part 2

HOMELESSNESS

18 of 52 sections shown

s.051 Homelessness reviews Regulated

Other duties (1) — Crown / regulator

Local authorities must conduct and publish homelessness reviewsLocal authority

s.052 Homelessness strategies Regulated

Other duties (1) — Crown / regulator

Local authorities must develop and publish homelessness strategiesLocal authority

s.060 Duty to provide information, advice and assistance in accessing help Regulated

Other duties (1) — Crown / regulator

Local authorities must provide free homelessness advice and assistanceLocal authority

s.063 Notice of the outcome of assessment Regulated

Other duties (1) — Crown / regulator

Local Authority must notify homeless applicants of assessment outcomesLocal authority

s.066 Duty to help to prevent an applicant from becoming homeless Regulated

Other duties (1) — Crown / regulator

Local authorities must help people at risk of homelessness stay in their homesLocal authority

s.067 Circumstances in which the duty in section 66 ends Regulated

Other duties (1) — Crown / regulator

Local Authority must notify applicants when homelessness prevention duties endLocal authority

s.068 Interim duty to secure accommodation for homeless applicants in priority need Regulated

Other duties (1) — Crown / regulator

Local Authority must provide interim housing for homeless priority applicantsLocal authority

s.074 Circumstances in which the duty in section 73 ends Regulated

Other duties (1) — Crown / regulator

Local housing authority must end its help duty under specific conditionsLocal authority

s.084 Notice that duties have ended Regulated

Other duties (1) — Crown / regulator

Local Authority must notify applicant when housing duties endLocal authority

s.086 Procedure on review Regulated

Other duties (1) — Crown / regulator

Local Authority must follow correct procedures when reviewing housing decisionsLocal authority

s.091 Out-of-area placement Regulated

Other duties (1) — Crown / regulator

Local Authority must notify neighbours when placing applicants out-of-areaLocal authority

s.093 Protection of property Regulated

Other duties (1) — Crown / regulator

Local Authority must protect the property of homeless applicantsLocal authority

s.094 Protection of property: supplementary provisions Prosecution

Obstructing a local authority officer protecting propertyAny Person

Fine up to £2,500

s.095 Co-operation Regulated

Other duties (1) — Crown / regulator

Local housing and social services must coordinate on homelessnessLocal authority

s.096 Co-operation in certain cases involving children Regulated

Other duties (1) — Crown / regulator

Council must refer homeless families with children to social servicesLocal authority

s.097 False statements, withholding information and failure to disclose change of circumstances Prosecution

Provide false information regarding housing assistanceAny Person

Fine up to £2,500

s.098 Guidance Regulated

Other duties (1) — Crown / regulator

Councils must follow Welsh Ministers' guidance on homelessnessLocal authority

s.100 Consequential amendments

amended 2 times (opens in a new tab)

34 other sections in this Part — procedural and definitional

s.050 Duty to carry out a homelessness review and formulate a homelessness strategy

s.053 Overview of this Chapter

s.054 Application of key terms

s.055 Meaning of homeless and threatened homelessness

s.056 Meaning of accommodation available for occupation

s.057 Whether it is reasonable to continue to occupy accommodation

s.058 Meaning of abuse and domestic abuse

s.059 Suitability of accommodation

s.061 Eligibility for help under this Chapter

s.062 Duty to assess

s.064 How to secure or help to secure the availability of accommodation

s.065 Meaning of help to secure

s.069 Circumstances in which the duty in section 68 ends

s.070 Priority need for accommodation

s.071 Meaning of vulnerable in section 70

s.072 Power to amend or repeal provisions about priority need for accommodation

s.073 Duty to help to secure accommodation for homeless applicants

s.075 Duty to secure accommodation for applicants in priority need when the duty in section 73 ends

s.076 Circumstances in which the duty in section 75 ends

s.077 Meaning of intentionally homeless

s.078 Deciding to have regard to intentionality

s.079 Further circumstances in which the duties to help applicants end

s.080 Referral of case to another local housing authority

s.081 Local connection

s.082 Duties to applicant whose case is considered for referral or referred

s.083 Cases referred from a local housing authority in England

s.085 Right to request review

s.087 Effect of a decision on review or appeal that reasonable steps were not taken

s.088 Right of appeal to county court on point of law

s.089 Appeals against refusal to accommodate pending appeal

s.090 Charges

s.092 Interim accommodation in England : arrangements with private landlord

s.092 Accommodation in Wales

s.099 Interpretation of this Chapter and index of defined terms

Part 3

GYPSIES AND TRAVELLERS

10 of 10 sections shown

s.101 Assessment of accommodation needs Regulated

Other duties (1) — Crown / regulator

Local authorities must assess the accommodation needs of Gypsies and TravellersLocal authority

amended 3 times (opens in a new tab)

s.102 Report following assessment Regulated

Other duties (1) — Crown / regulator

Local authorities must report on and publish accommodation needs assessmentsLocal authority

amended 2 times (opens in a new tab)

s.103 Duty to meet assessed needs Regulated

Other duties (1) — Crown / regulator

Local housing authority must provide mobile home sites to meet assessed needsLocal authority

amended 2 times (opens in a new tab)

s.104 Failure to comply with duty under section 103 Regulated

Other duties (1) — Crown / regulator

Local housing authorities must comply with Welsh Ministers' site directionsLocal authority

amended 2 times (opens in a new tab)

s.105 Provision of information upon request Regulated

Other duties (1) — Crown / regulator

Local authorities must provide housing information to Welsh MinistersLocal authority

amended 2 times (opens in a new tab)

s.106 Guidance Regulated

Other duties (1) — Crown / regulator

Local housing authorities must follow Welsh Ministers' guidanceLocal authority

amended 3 times (opens in a new tab)

s.107 Duties in relation to housing strategies Regulated

Other duties (1) — Crown / regulator

Local authorities must develop and follow Gypsy and Traveller housing strategiesLocal authority

amended 2 times (opens in a new tab)

s.108 Interpretation

amended 2 times (opens in a new tab)

s.109 Power to amend definition of Gypsies and Travellers

amended 2 times (opens in a new tab)

s.110 Consequential amendments

amended 2 times (opens in a new tab)

Part 4

STANDARDS FOR SOCIAL HOUSING

20 of 20 sections shown

s.111 Standards

amended 2 times (opens in a new tab)

s.112 Guidance

amended 2 times (opens in a new tab)

s.113 Consultation on standards and guidance Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must consult before changing housing standards or guidanceCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.114 Information on compliance with standards Regulated

Other duties (1) — Crown / regulator

Local authorities must report compliance data to Welsh MinistersLocal authority

amended 2 times (opens in a new tab)

s.115 Powers of entry

amended 2 times (opens in a new tab)

s.116 Exercise of intervention powers

amended 2 times (opens in a new tab)

s.117 Grounds for intervention

amended 2 times (opens in a new tab)

s.118 Warning notice

amended 2 times (opens in a new tab)

s.119 Power of Welsh Ministers to intervene

amended 2 times (opens in a new tab)

s.120 Power to require local housing authority to obtain advisory services

amended 2 times (opens in a new tab)

s.121 Power to require performance of functions by other persons on behalf of authority

amended 2 times (opens in a new tab)

s.122 Power to require performance of functions by Welsh Ministers or nominee Regulated

Other duties (1) — Crown / regulator

Welsh Ministers may take over local housing functionsCrown / Minister / Government department

amended 2 times (opens in a new tab)

s.123 Power to direct exercise of other local housing authority functions

amended 2 times (opens in a new tab)

s.124 General power to give directions and take steps

amended 2 times (opens in a new tab)

s.125 Directions Regulated

Other duties (1) — Crown / regulator

Local housing authorities must comply with Ministerial directionsLocal authority

amended 2 times (opens in a new tab)

s.126 Duty to co-operate

amended 2 times (opens in a new tab)

s.127 Powers of entry and inspection

amended 2 times (opens in a new tab)

s.128 Exemption from offences relating to service charges for social housing

amended 3 times (opens in a new tab)

s.129 Application of duties relating to service charges to local authority tenancies

amended 2 times (opens in a new tab)

s.130 Consequential amendments

amended 2 times (opens in a new tab)

Part 5

HOUSING FINANCE

6 of 6 sections shown

s.131 Abolition of Housing Revenue Account subsidy

amended 9 times (opens in a new tab)

s.132 Settlement payments

amended 1 time (opens in a new tab)

s.133 Further payments

amended 1 time (opens in a new tab)

s.134 Additional provision about payments Regulated

Other duties (1) — Crown / regulator

Welsh Ministers may charge interest and costs for late paymentsCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.135 Provision of information upon request Regulated

Other duties (1) — Crown / regulator

Local authorities must provide housing information to Welsh MinistersLocal authority

amended 1 time (opens in a new tab)

s.136 Determinations under this Part

amended 1 time (opens in a new tab)

Part 6

ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES

2 of 2 sections shown

s.137 Amendment of Schedule 1 to the Housing Act 1988

amended 2 times (opens in a new tab)

s.138 Amendment of Schedule 2 to the Housing Act 1988

amended 2 times (opens in a new tab)

Part 7

COUNCIL TAX FOR CERTAIN TYPES OF DWELLING

1 of 1 section shown

s.139 Amount of tax payable for certain types of dwelling

amended 2 times (opens in a new tab)

Part 8

AMENDMENT OF THE LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993

1 of 1 section shown

s.140 Amendment of the Leasehold Reform, Housing and Urban Development Act 1993

amended 2 times (opens in a new tab)

Part 9

MISCELLANEOUS AND GENERAL

6 of 6 sections shown

s.141 Minor amendments to the Mobile Homes (Wales) Act 2013

amended 2 times (opens in a new tab)

s.142 Orders and regulations

amended 8 times (opens in a new tab)

s.143 Meaning of local housing authority

amended 1 time (opens in a new tab)

s.144 Power to make consequential and transitional provision etc

amended 1 time (opens in a new tab)

s.145 Commencement

amended 1 time (opens in a new tab)

s.146 Short title

amended 1 time (opens in a new tab)

Schedules

1 of 41 shown

s.001 REGISTER OF PRIVATE RENTED HOUSING Regulated

Other duties (1) — Crown / regulator

Licensing authority must maintain and provide access to the landlord registerLocal authority

40 other schedules

s.sch001 An entry in the register relating to a landlord must...

s.sch001 An entry in the register for a person licensed to...

s.sch001 (1) A licensing authority must notify a person of the...

s.sch002 ELIGIBILITY FOR HELP UNDER CHAPTER 2 OF PART 2

s.sch002 (1) A person is not eligible for help under section...

s.sch002 (1) Until the commencement of the repeal of section 186...

s.sch002 (1) The Secretary of State must, at the request of...

s.sch003 MINOR AND CONSEQUENTIAL AMENDMENTS

s.sch003 In paragraph 4 of Schedule 1 to the Housing Act...

s.sch003 In section 193 (duty to persons with priority need who...

s.sch003 In section 198 (referral of case to another local housing...

s.sch003 In subsection (4) of section 200 (duties to applicant whose...

s.sch003 After section 201 (application of referral provisions to cases arising...

s.sch003 In subsection (1) of section 213 (co-operation between relevant housing...

s.sch003 The Homelessness Act 2002 is amended as follows.

s.sch003 In the cross-heading above section 1, after “strategies” insert “...

s.sch003 In section 1 (duty of local housing authority to formulate...

s.sch003 In subsection (7A) of section 3 (homelessness strategies), omit “in...

s.sch003 In subsection (1)(a) of section 50 of the Mental Health...

s.sch003 The Housing Act 1996 is amended as follows.

s.sch003 (1) The Legal Aid, Sentencing and Punishment of Offenders Act...

s.sch003 In subsection (7)(d) of section 7 of the Prevention of...

s.sch003 (1) The Social Services and Well-being (Wales) Act 2014 is...

s.sch003 (1) The definition of “housing” in subsection (4) of section...

s.sch003 (1) The Housing Act 2004 is amended as follows.

s.sch003 The Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and...

s.sch003 (1) The Mobile Homes (Wales) Act 2013 is amended as...

s.sch003 In section 24 (rents for occupation of local housing authority...

s.sch003 (1) The Housing Act 1996 is amended as follows.

s.sch003 (1) The Local Government Finance Act 1992 is amended as...

s.sch003 In section 167 (allocation of housing accommodation in accordance with...

s.sch003 (1) The Mobile Homes (Wales) Act 2013 is amended as...

s.sch003 In the Part title of Part 7 (homelessness), after “Homelessness”...

s.sch003 In subsection (1) of section 179 (duty of local housing...

s.sch003 In subsection (1) of section 180 (assistance for voluntary organisations),...

s.sch003 In subsection (1) of section 182 (guidance by the Secretary...

s.sch003 In subsection (1) of section 183 (application for assistance), after...

s.sch003 In subsection (1) of section 187 (provision of information by...

Help complying

Guvnor’s practical routes through this instrument.

Start a lettings agency

Compliance requirements for starting a property letting business in the UK

1 more guide that reference this instrument

Comply with Renting Homes (Wales) Act landlord duties

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Housing (Wales) Act 2014

Does it bind you?

Other Acts binding the same actors

What it requires

REGULATION OF PRIVATE RENTED HOUSING

HOMELESSNESS

GYPSIES AND TRAVELLERS

STANDARDS FOR SOCIAL HOUSING

HOUSING FINANCE

ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES

COUNCIL TAX FOR CERTAIN TYPES OF DWELLING

AMENDMENT OF THE LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993

MISCELLANEOUS AND GENERAL

Schedules

Help complying

Start a lettings agency