Housing (Wales) Act 2014

10 Meaning 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.