Landlord Obligations

Although the landlord will delegate their duties and obligations through the agent, the landlord still has several obligations towards the agent. 

• Registration. All landlords must be registered with Rent Smart Wales, and the agent must ensure their landlord client has a valid registration number. The registration can be publicly checked via Rent Smart Wales. If a landlord has not yet registered, they must complete the registration themselves to confirm the information is accurate. However, there is no reason why the agent can't assist the landlord with this process.
• Ownership. The landlord must produce evidence to the agent about ownership and changes in ownership. All owners must consent to the letting, and the agent is entitled to full disclosure about ownership. It is common for an estranged spouse to let something slip behind their partner's back. In those circumstances, the landlord must give the agent consent from all joint owners.
• Consent. The landlord must obtain any necessary permission to let, which could be from a freeholder or mortgage company. Planning consent or a licence for an HMO may be required. The landlord must produce satisfactory evidence in writing to the agent before a let.
• Conditions. There may be conditions or restrictions that affect a letting. A head lease or covenant may restrict the occupier's age. There may be obligations and restrictions around communal areas or parking restrictions. The property may have a 'holiday accommodation only' condition or an agricultural tie. The landlord may not conceal these issues from the agent.
• Repair. The landlord must keep the property in repair and ensure it is a reasonably safe place for the tenants, visitors and guests to live.
• The law. Ignorance of the law is no defence, and the landlord cannot hide behind a lack of knowledge. The landlord may deliberately breach the law or may be ignorant. When the agent has defined the landlord's obligations, the agent may need to withdraw if the landlord will not comply.

In all these instances, it is the agent's responsibility as the 'professional supplying services' to ensure the landlord is aware of the obligations, to make reasonable enquiries and not to act where there is any doubt, or to carry out any instructions for the landlord that are contrary to law or in breach of good practice.