Explanatory Notes

Housing (Wales) Act 2014

7

17 September 2014

Commentary on Sections

Part 1 Regulation of Private Rented Housing

Section 10 – Meaning of lettings work

19.Section 10 specifies what is “lettings work”, for which an agent must be licensed in order to carry out such work.  It is work which is done in response to instructions received from landlords seeking to find tenants for their rental property and work carried out in response to instructions received from people seeking to occupy a rental property, subject to certain exceptions set out in the section.

20.Subsections (2) and (3) exclude certain activities from the definition of lettings work provided the person engaged in those activities does not: a) undertake any other activity amounting to “lettings work”, and b) does not undertake any property management work (see section 12).

21.Subsection (4) sets out other activities that are not lettings work. This includes work carried out by people employed by or apprenticed to a landlord under a contract of service with a landlord (such that the employee would not need to be licensed, but the landlord would).  The same applies to work carried out by an employee of or apprentice to an agent.  It also excludes work carried out by a local housing authority on behalf of a landlord.