PART 1REGULATION OF PRIVATE RENTED HOUSING

Prohibition of letting and management without registration and licence

10Meaning of lettings work

1

In this Part “lettings work” means things done by any person in response to instructions received from—

a

a person seeking to find another person wishing to rent a dwelling under a domestic tenancy and, having found such a person, to grant such a tenancy (“a prospective landlord”);

b

a person seeking to find a dwelling to rent under a domestic tenancy and, having found such a dwelling, to obtain such a tenancy of it (“a prospective tenant”);

subject to the following subsections.

2

“Lettings work” does not include anything in the following paragraphs (a) or (b)—

a

publishing advertisements or disseminating information;

b

providing a means by which—

i

a prospective landlord (or the prospective landlord’s agent) or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or (as the case may be) prospective landlord (or the prospective landlord’s agent);

ii

a prospective landlord (or the prospective landlord’s agent) and a prospective tenant can continue to communicate directly with each other;

when done by a person who—

c

does no other thing within subsection (1), and

d

does no property management work in respect of the property.

3

“Lettings work” does not include doing any one of the things in the following paragraphs (a) to (c)—

a

arranging and conducting viewings with prospective tenants;

b

preparing, or arranging the preparation of, the tenancy agreement;

c

preparing, or arranging the preparation of, any inventory or schedule of condition;

when done by a person who—

d

does no other thing in those paragraphs or anything else within subsection (1), and

e

does nothing within section 12(1) in respect of the property.

4

“Lettings work” also does not include—

a

doing things under a contract of service or apprenticeship with a landlord;

b

doing things under a contract of service or apprenticeship, or a contract for services, with a person who is—

i

instructed to carry out the work by a landlord, and

ii

licensed to do so under this Part;

c

anything done by a local housing authority (whether or not in exercise of its functions as a local housing authority);

d

things of a description, or things done by a person of a description, specified for the purposes of this section in an order made by the Welsh Ministers.