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Landlord Legal Issues - August 2019

Landlord & tenant lawyer, Tessa Shepperson of www.landlordlawservices.co.uk answers your questions

Q. I live in Nottingham but own and rent out a flat in Cardiff. My longstanding tenant is about to move out and I need to get a new tenant, but I have been told I now need to use a letting agent. Is that correct?

A. There are now regulations in Wales (and have been for some time), which require all landlords of properties in Wales to be registered with Rent Smart Wales and all landlords who self-manage their rented properties to be licensed. This involves doing the proper training and paying the fee. Any landlords who are not licensed must use a letting agent who is.

It may be that as your tenant has been in the property some time and as you are in England, you have not been made aware of these regulations. However, if you are not yourself registered with Rent Smart Wales you are committing an offence and can be prosecuted.

You can find out about the new rules at https://www.rentsmart.gov.wales/en/ where you can also register online and pay the fee. If you decide to become licensed you will also find details there about what you need to do.

Q. I am a landlord. When my current tenants went in, I was ill and my son dealt with checking them into the property. Unfortunately, he forgot to get them to sign the tenancy agreement.  

The tenants are now refusing to sign the tenancy agreement and have told me that they will be paying their rent in arrears as that is their right.  Can they do this?

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