Landlord Compliance Checklist Wales 2026: Essential Legal Requirements

Why Wales Landlord Compliance Differs from England and Scotland

Wales operates under its own distinct rental framework, the Renting Homes (Wales) Act 2016, which applies to all new and existing tenancies regardless of their start date. This is fundamentally different from England, where pre-2015 tenancies and many assured shorthold tenancies follow the Housing Act 1988, and Scotland, which applies the Private Housing (Tenancies) (Scotland) Act 2016. The Welsh Act treats tenants and landlords more symmetrically, with stricter notice periods, stronger deposit protections and tighter prescribed information rules.

For Wales landlords, the key distinction is that there is no 'protected shorthold' tenancy—all periodic tenancies in Wales are treated as secure tenancies with full statutory protections. This means you cannot evict a tenant for 'no fault' simply by serving notice; you must prove a ground for possession under Schedule 2 of the Act (rent arrears, anti-social behaviour, breach of tenancy, etc.). Notice periods are also longer: typically 28 days for periodic tenancies, compared to 2 months in England. Understanding these differences is essential to avoiding costly tribunal claims.

Rent Smart Wales, the independent regulator for letting agents and private landlords, oversees compliance. Landlords managing their own properties must understand their responsibilities under the Act, while letting agents must hold a valid licence from Rent Smart Wales (renewed every three years, £300–£600 depending on activity level).

Pre-Tenancy Compliance: Documentation and Declarations

Before a tenant moves in, you must have in place:

Tenancy Agreement A signed written tenancy agreement is mandatory. The agreement must contain prescribed information including the names of all parties, rent, payment date, deposit amount, end date (if fixed-term), and the address and rights of access. The Welsh Government provides a model tenancy agreement; using it protects you legally. Provide a copy to the tenant at least seven days before the tenancy starts, or immediately if this is not possible.

Prescribed Information Notice Within 30 days of the tenancy start, you must provide a 'prescribed information notice' setting out the tenant's key rights and responsibilities under the Renting Homes Act, including grounds for possession, eviction procedures, repair obligations, and how to raise complaints. Rent Smart Wales publishes the mandatory form—failure to provide it is a breach and weakens your legal position in any dispute.

Energy Performance Certificate (EPC) Obtain a valid EPC for the property. It must be issued within three months of marketing the property and is valid for 10 years. Display the EPC rating in all marketing materials. An EPC costs £60–£120 and is legally required before the tenancy can start.

Gas Safety Certificate If the property has gas appliances, commission an annual gas safety inspection before the tenancy begins. The certificate must be issued by a Gas Safe registered engineer. Provide a copy to the tenant and keep records for at least two years. See Landlord compliance guide: Wales for detailed guidance on all statutory documents.

Deposit Protection: The 30-Day Requirement and Prescribed Information

Deposit protection is one of the most frequently breached requirements in Wales. You must protect the deposit within 30 calendar days of receipt in an authorized scheme—typically the Deposit Protection Service (DPS), mydeposits Wales, or TDS Tenancy Deposit Scheme. Non-compliance exposes you to a claim of up to £3,000–£15,000 compensation at tribunal, plus return of the full deposit, plus repayment of rent paid during the period of non-protection.

Once protected, you must provide the tenant with:

• A prescribed information notice (the scheme's standard prescribed information form)
• Details of the scheme, contact information, and how to raise disputes
• Your name, address and contact details
• An itemized condition report (photographs and written description)

All this must be provided within 30 days of the deposit being received. Failure to provide prescribed information is treated as non-protection and attracts the same penalties.

Deductions at End of Tenancy When the tenancy ends, you may only deduct from the deposit for rent arrears, damage beyond normal wear and tear, or cleaning costs if the property is left in a filthy state. The tenant has the right to dispute the deduction. If you and the tenant cannot agree, the scheme adjudication service will decide. Document all deductions with receipts and photographs. Disputes are common—retain evidence meticulously.

Health and Safety: Gas, Electrical and Fire Compliance

Welsh law requires landlords to maintain the property in a safe condition. Specific statutory obligations include:

Gas Safety An annual gas safety inspection by a Gas Safe registered engineer is mandatory if the property has gas appliances (boiler, hob, fire, etc.). The engineer issues a Gas Safety Certificate valid for 12 months. You must provide a copy to the tenant within 30 days of the inspection and keep records for at least two years. Failure to comply is a criminal offense with fines up to £6,000 and potential imprisonment. If a gas leak causes injury or death, landlord liability is severe.

Electrical Installation Condition Report (EICR) From April 2024, all Welsh rental properties must have an EICR carried out by a qualified electrician every five years. The engineer tests all fixed electrical installations and issues a report. If the report identifies any defects, you must repair them within 28 days (or agree a remediation plan with the tenant). Provide a copy of the EICR to the tenant within 30 days of completion. Non-compliance is a civil breach and can result in enforcement notices from local authorities.

Fire Safety Provide working smoke alarms on each storey (battery or mains-powered). Test them before the tenant moves in. Landlords are not responsible for maintenance once occupied, but the tenant must be instructed on testing and battery replacement. Keep a record of initial installation.

Asbestos Survey If the property was built before 2000, obtain an asbestos survey and provide the results to the tenant. If asbestos is identified, manage it safely (do not disturb) and inform the tenant of its location and safe handling.

These checks can be organized through a property management platform or scheduled manually. Document everything with dates, engineer certificates and tenant acknowledgments.

Ongoing Tenancy Compliance and Rights

Once the tenancy is active, your legal obligations continue:

Rent Payment and Terms Rent can only be increased during a fixed-term tenancy if the contract allows it. During a periodic tenancy, you may increase rent by serving 28 days' notice if at least one year has passed since the last increase (or since the start of the tenancy). The increase must not be 'significantly higher' than the rent for comparable properties in the area—if challenged, the tenant can refer the matter to a tribunal, which may cap the increase as unreasonable.

Repairs and Maintenance You must keep the property in a state of repair; the tenant must not be charged for repairs beyond their responsibility (minor decorative issues). If a tenant reports a repair, you must respond within 14 days and carry out non-emergency repairs within 30 days. Emergency repairs (boiler failure, water leak, heating loss in winter) must be attended within 24 hours. Failure to repair is a grounds for possession and tribunal claims for damages.

Renew Safety Certificates Annually Renew the gas safety certificate every 12 months. Renew the EICR every five years. Renew the EPC every 10 years (or before letting if it expires while occupied). Set calendar reminders for each renewal date.

Access Rights You may only access the property with 28 days' notice (except emergencies). The notice must state the date and time. Harassment or illegal access is a criminal offense under the Renting Homes Act. Document all access requests in writing.

Dispute Resolution If a dispute arises (rent arrears, repair neglect, tenancy breach), follow the Renting Homes Act protocol: issue a written notice specifying the breach and a deadline to remedy (typically 14 days). If unresolved, you can apply to the residential tenancy tribunal. Keep copies of all correspondence.

Rent Smart Wales Landlord Registration and Letting Agent Licensing

All landlords letting residential properties in Wales must register with Rent Smart Wales. Registration is free and must be renewed annually. You will receive a registration number—provide this to the tenant at the start of the tenancy.

If you employ a letting agent, the agent must hold a valid licence from Rent Smart Wales. The licence is renewed every three years and costs £300–£600 depending on the agent's business activity (lettings management, rent collection, property finding, etc.). Before appointing an agent, verify their licence on the Rent Smart Wales register at www.rentsmartwales.gov.uk.

Rent Smart Wales also enforces a bans list—landlords or agents convicted of certain offenses (illegal eviction, discrimination, harassment) are banned from letting and managing properties. Check the bans list before renting to an agent or purchasing a property with sitting tenants.

Registration and licensing exist to drive up professional standards and give tenants confidence in the sector. Failure to register as a landlord or appoint an unlicensed agent can result in fines of up to £5,000 and enforcement action from Rent Smart Wales. Staying registered costs nothing and takes minutes annually online.