PART 3

Miscellaneous and General
CHAPTER 3

Duty of letting agents to publicise fees etc

Letting agency work and property management work
86
1
In this Chapter “letting agency work” means things done by a person in the course of a business in response to instructions received from—
a
a person (“a prospective landlord”) seeking to find another person wishing to rent a dwelling-house under an assured tenancy or an occupation contract and, having found such a person, to grant such a tenancy or occupation contract, or
b
a person (“a prospective tenant”) seeking to find a dwelling-house to rent under an assured tenancy or an occupation contract and, having found such a dwelling-house, to obtain such a tenancy or occupation contract of it.
2
But “letting agency work” does not include any of the following things when done by a person who does nothing else within subsection (1)—
a
publishing advertisements or disseminating information;
b
providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord;
c
providing a means by which a prospective landlord and a prospective tenant can communicate directly with each other.
3
“Letting agency work” also does not include things done by a local authority.
4
In this Chapter “property management work”, in relation to a letting agent, means things done by the agent in the course of a business in response to instructions received from another person where—
a
that person wishes the agent to arrange services, repairs, maintenance, improvements or insurance in respect of, or to deal with any other aspect of the management of, premises on the person's behalf, and
b
the premises consist of a dwelling-house let under an assured tenancy or an occupation contract.
Words in s. 86(1)(a) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 35(3)(a)(i)
Pt. 3 Ch. 3: power to amend conferred (1.9.2019) by Renting Homes (Fees etc.) (Wales) Act 2019 (anaw 2), ss. 23, 30(2) (with s. 29); S.I. 2019/1150, art. 2(b)
Words in s. 86(1)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 35(3)(b)(i)
S. 86 in force at 27.5.2015 for E. in so far as not already in force by S.I. 2015/965, art. 2(a)
Words in s. 86(4)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 35(3)(c)
Words in s. 86(1)(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 35(3)(b)(ii)
S. 86 in force at 23.11.2015 for W. in so far as not already in force by S.I. 2015/1904, art. 2
Words in s. 86(1)(a) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 35(3)(a)(ii)