Decision details

The Director, Public Health, Protection and Community Services provided the Cabinet with the report, which sought delegated authority to the Director of Public Health, Protection and Community Services and to the single Licensing Authority in Wales (Rent Smart Wales) to use the enforcement powers of the Renting Homes (Fees etc.) (Wales) Act 2019.

The Director spoke of the Renting Homes (Fees etc.) (Wales) Act 2019, which came into force on 5th May 2019.  It was explained that letting agents and landlords who manage their own properties are prevented from charging any fees before, during or after a tenancy unless specifically exempt in the Act.

The Director drew Members’ attention to Section 4.4 of the report, where the permitted payments that can be required by letting agents and self-managing landlords was outlined. It was explained that the enforcement of the new requirements could be undertaken by the Council and Rent Smart Wales and would contribute to a fairer and more transparent experience for tenants relying on the private rented sector.

Prior to discussion, the Director advised Members of an error in Section 2.1 of the report and asked that should they be minded to approve the recommendations, the word ‘of’ be removed from ‘Renting of Homes (Fees etc.) (Wales) Act 2019’.

The Cabinet Member for Communities, Culture and the Welsh Language spoke positive of the Renting Homes (Fees etc.) (Wales) Act 2019, commenting that it improves the rights of tenants, whilst providing financial security to residents.

The Deputy Leader queried whether the Act would have a positive effect on Houses in Multiple Occupation (HMOs), to which the Director confirmed that it was a positive step forward in that respect and would prevent loan agreements etc.

The Cabinet were happy to provide support, subject to the amendment of Section 2.1 and it was RESOLVED:

1.    To give delegated authority to the Director of Public Health, Protection & Community Services for enforcing the provisions of the Renting Homes (Fees etc.) (Wales) Act 2019 and note that the Monitoring Officer would make any consequential amendment(s) required to the Council’s Constitution; and

2.    To give delegated authority to the Operational Manager for Rent Smart Wales for enforcing the provisions of the Renting Homes (Fees etc.) (Wales) Act 2019 on behalf of Cardiff City Council and note that the Monitoring Officer would make any consequential amendment(s) required to the Council’s Constitution.