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  • Welsh PRS

    Welsh Tenant Fee Ban - no deposit cap?

    Just read that currently no limit placed on an amount of deposit

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    Really?? Thought it was 5 weeks??
    Is this again different to England?
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    A good teacher must know the rules; a good pupil, the exceptions.

    Martin H. Fischer

    Are you a member of RLA as its latest news today on Welsh Fees Ban . I read a while back that they didnt want to make it difficult for people to have pets etc .Looks like there is no limit placed on an amount atm .

    Its been taken for granted that Wales follow England to the degree where I  have had problems advertising my properties for rent

    Where I  am banned from putting in a deposit amount over 5 weeks and also I was banned in June from putting any fees on the advert from June when nothing came into force for fees until September in Wales .

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    I’m a RLA member, just haven’t read that part yet as I’m finishing off my accounts for my property business. 
    It is great that Wales are easier with things, but annoying when you also have properties in England so you need to know both systems.
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    Yes I agree . All of my properties are in Wales and have just one in Gloucestershire which is where I came from .

    Got great tenants in that property ATM

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    While the Act is very similar to the ban in England, there are two major differences.

    One is that while holding deposits are capped, security deposits are not.

    The Welsh government guidance states: “Although average security deposits tend to be around the equivalent of one month to six weeks rent, there may be circumstances which mean that you may wish to take a slightly higher amount of deposit, for example, should a tenant have pets, which may provide you with peace of mind should damages occur due to those pets. It is permissible to ask for a higher amount of deposit in these circumstances.”

    The second major difference is that agents and landlords convicted of taking prohibited payments will be reported to regulatory body Rent Smart Wales.

    The mandatory scheme will then consider whether someone is “fit and proper” to hold a licence – ie, to operate.

    Full/source article 

    We have a video on this topic about "Fit and Property Person" with regards to HMOs, but also applies to regular landlords:

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    To help landlords and agents understand the changes, the Welsh government has issued fee ban guidelines. Here’s a summary:

    + The tenant fee ban only applies to tenancy agreements signed on or after 1 September 2019. For tenancies signed before 1 September 2019 the Act will apply when the term of that tenancy agreement has ended, and a new tenancy agreement is signed.

    + There is currently no cap placed on an amount of deposit the landlord or agent in Wales can accept.

    + A landlord or agent may not ask for a holding deposit of more than one week’s rent.

    + Under the ban a payment in default is a payment required by the landlord or agent arising from a breach of the tenancy agreement by the tenant.

    + A fee cannot be charged for an amendment to an existing tenancy agreement.

    + Where a tenant wants to leave a fixed-term tenancy early, the landlord or agent is fully within their rights to expect to be paid for the entirety of the tenancy. But the Act does not prohibit any agreement that a landlord and tenant may reach should the tenant wish to leave the tenancy early.

    Source article

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