Housing (Wales) Act 2014
2014 anaw 7 · Enacted 17 September 2014 · Extends to England and Wales
An Act of the National Assembly for Wales to provide for the regulation of private rented housing; to reform the law relating to homelessness; to provide for assessment of the accommodation needs of Gypsies and Travellers and to require local authorities to meet those needs; to make provision about the standards of housing provided by local authorities; to abolish housing revenue account subsidy; to allow fully mutual housing associations to grant assured tenancies; to make provision about council tax payable for empty dwellings; and for other housing purposes.
[17 September 2014]
Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:
Contents
- Part 1: REGULATION OF PRIVATE RENTED HOUSING
- Introduction
- 1Overview of this Part
- 2Meaning of key terms
- 3Licensing authority
- Prohibition of letting and management without registration and licence
- 4Requirement for a landlord to be registered
- 5Exceptions to the requirement for a landlord to be registered
- 6Requirement for landlords to be licensed to carry out lettings activities
- 7Requirement for landlords to be licensed to carry out property management activities
- 8Exceptions to requirements for landlords to be licensed
- 9Requirement for agents to be licensed to carry out lettings work
- 10Meaning of lettings work
- 11Requirement for agents to be licensed to carry out property management work
- 12Meaning of property management work
- 13Offence of appointing an unlicensed agent
- Registration
- 14Duty to maintain register in relation to rental properties
- 15Registration by a licensing authority
- 16Duty to update information
- 17Revocation of registration
- Licensing
- 18Licences that may be granted
- 19Licence application requirements
- 20Fit and proper person requirement
- 21Determination of application
- 22Licence conditions
- 23Duty to update information
- 24Amendment of licence
- 25Revocation of licence
- 26Expiry and renewal of licence
- 27Licensing appeals
- Enforcement
- 28Prosecution by a licensing authority or a local housing authority
- 29Fixed penalty notices
- 30Rent stopping orders
- 31Revocation of rent stopping orders
- 32Rent repayment orders
- 33Rent repayment orders: further provision
- 34Power for Welsh Ministers to make regulations in relation to sections 32 and 33
- 35Offences by bodies corporate
- Information
- 36Requests for information from authorities and use of information by authorities
- 37Power to require documents to be produced or information given
- 38Enforcement of powers to obtain information
- 39False or misleading information
- Powers of the Welsh Ministers
- 40Code of practice
- 41Guidance
- 42Directions
- Supplementary
- 42ACrown Application: Part 1
- 43Activity in contravention of this Part: effect on tenancy agreements
- 44Restriction on terminating tenancies
- 45Landlords who are trustees
- 46Regulations about fees
- 47Information about applications
- 48Giving notification etc. under this Part
- General
- 49Interpretation of this Part and index of defined terms
- Part 2: HOMELESSNESS
- Chapter 1: HOMELESSNESS REVIEWS AND STRATEGIES
- 50Duty to carry out a homelessness review and formulate a homelessness strategy
- 51Homelessness reviews
- 52Homelessness strategies
- Chapter 2: HELP FOR PEOPLE WHO ARE HOMELESS OR THREATENED WITH HOMELESSNESS
- Introduction
- 53Overview of this Chapter
- Key terms
- 54Application of key terms
- 55Meaning of homeless and threatened homelessness
- 56Meaning of accommodation available for occupation
- 57Whether it is reasonable to continue to occupy accommodation
- 58Meaning of abuse and domestic abuse
- 59Suitability of accommodation
- Information, advice and assistance in accessing help
- 60Duty to provide information, advice and assistance in accessing help
- Eligibility
- 61Eligibility for help under this Chapter
- Applications for help and assessment
- 62Duty to assess
- 63Notice of the outcome of assessment
- Duties to help applicants
- 64How to secure or help to secure the availability of accommodation
- 65Meaning of help to secure
- 66Duty to help to prevent an applicant from becoming homeless
- 67Circumstances in which the duty in section 66 ends
- 68Interim duty to secure accommodation for homeless applicants in priority need
- 69Circumstances in which the duty in section 68 ends
- 70Priority need for accommodation
- 71Meaning of vulnerable in section 70
- 72Power to amend or repeal provisions about priority need for accommodation
- 73Duty to help to secure accommodation for homeless applicants
- 74Circumstances in which the duty in section 73 ends
- 75Duty to secure accommodation for applicants in priority need when the duty in section 73 ends
- 76Circumstances in which the duty in section 75 ends
- 77Meaning of intentionally homeless
- 78Deciding to have regard to intentionality
- 79Further circumstances in which the duties to help applicants end
- Referral to another local housing authority
- 80Referral of case to another local housing authority
- 81Local connection
- 82Duties to applicant whose case is considered for referral or referred
- 83Cases referred from a local housing authority in England
- Notice
- 84Notice that duties have ended
- Right to review and appeal
- 85Right to request review
- 86Procedure on review
- 87Effect of a decision on review or appeal that reasonable steps were not taken
- 88Right of appeal to county court on point of law
- 89Appeals against refusal to accommodate pending appeal
- Supplementary provisions
- 90Charges
- 91Out-of-area placement
- 92Interim accommodation in England: arrangements with private landlord
- 92AAccommodation in Wales
- 93Protection of property
- 94Protection of property: supplementary provisions
- 95Co-operation
- 96Co-operation in certain cases involving children
- General
- 97False statements, withholding information and failure to disclose change of circumstances
- 98Guidance
- 99Interpretation of this Chapter and index of defined terms
- 100Consequential amendments
- Part 3: GYPSIES AND TRAVELLERS
- Meeting accommodation needs
- 101Assessment of accommodation needs
- 102Report following assessment
- 103Duty to meet assessed needs
- 104Failure to comply with duty under section 103
- 105Provision of information upon request
- 106Guidance
- 107Duties in relation to housing strategies
- General
- 108Interpretation
- 109Power to amend definition of Gypsies and Travellers
- 110Consequential amendments
- Part 4: STANDARDS FOR SOCIAL HOUSING
- Standards for housing provided by local housing authorities
- 111Standards
- 112Guidance
- 113Consultation on standards and guidance
- 114Information on compliance with standards
- 115Powers of entry
- 116Exercise of intervention powers
- 117Grounds for intervention
- 118Warning notice
- 119Power of Welsh Ministers to intervene
- 120Power to require local housing authority to obtain advisory services
- 121Power to require performance of functions by other persons on behalf of authority
- 122Power to require performance of functions by Welsh Ministers or nominee
- 123Power to direct exercise of other local housing authority functions
- 124General power to give directions and take steps
- 125Directions
- 126Duty to co-operate
- 127Powers of entry and inspection
- Service charges for social housing
- 128Exemption from offences relating to service charges for social housing
- 129Application of duties relating to service charges to local authority tenancies Not yet in force
- General
- 130Consequential amendments
- Part 5: HOUSING FINANCE
- Housing Revenue Account subsidy
- 131Abolition of Housing Revenue Account subsidy
- Payments in relation to Housing Revenue Accounts
- 132Settlement payments
- 133Further payments
- 134Additional provision about payments
- General provision
- 135Provision of information upon request
- 136Determinations under this Part
- Part 6: ALLOWING FULLY MUTUAL HOUSING ASSOCIATIONS TO GRANT ASSURED TENANCIES
- 137Amendment of Schedule 1 to the Housing Act 1988
- 138Amendment of Schedule 2 to the Housing Act 1988 Not yet in force
- Part 7: COUNCIL TAX FOR CERTAIN TYPES OF DWELLING
- 139Amount of tax payable for certain types of dwelling
- Part 8: AMENDMENT OF THE LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993
- 140Amendment of the Leasehold Reform, Housing and Urban Development Act 1993
- Part 9: MISCELLANEOUS AND GENERAL
- Miscellaneous
- 141Minor amendments to the Mobile Homes (Wales) Act 2013
- General
- 142Orders and regulations
- 143Meaning of local housing authority
- 144Power to make consequential and transitional provision etc Not yet in force
- 145Commencement
- 146Short title
- Schedule 1: REGISTER OF PRIVATE RENTED HOUSING
- Part 1: CONTENT OF REGISTER
- Landlords
- 1Paragraph 1
- Agents
- 2Paragraph 2
- Part 2: ACCESS TO REGISTER
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 2: ELIGIBILITY FOR HELP UNDER CHAPTER 2 OF PART 2
- Persons not eligible for help
- 1Paragraph 1
- Asylum-seekers and their dependants: transitional provision
- 2Paragraph 2
- Provision of information by Secretary of State
- 3Paragraph 3
- Schedule 3: MINOR AND CONSEQUENTIAL AMENDMENTS
- Part 1: HOMELESSNESS
- Housing Act 1985
- 1Paragraph 1
- Housing Act 1996
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Homelessness Act 2002
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Mental Health (Wales) Measure 2010
- 19Paragraph 19
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- 20Paragraph 20
- Prevention of Social Housing Fraud Act 2013
- 21Paragraph 21
- Social Services and Well-being (Wales) Act 2014
- 22Paragraph 22
- Part 2: GYPSIES AND TRAVELLERS
- Local Government Act 2003
- 23Paragraph 23
- Housing Act 2004
- 24Paragraph 24
- Housing (Assessment of Accommodation Needs) (Meaning of Gypsies and Travellers) (Wales) Regulations 2007 (S.I. 2007/3235)
- 25Paragraph 25
- Mobile Homes (Wales) Act 2013
- 26Paragraph 26
- Part 3: STANDARDS FOR SOCIAL HOUSING
- Housing Act 1985
- 27Paragraph 27
- Housing Act 1996
- 28Paragraph 28
- Part 4: COUNCIL TAX FOR CERTAIN TYPES OF DWELLING
- Local Government Finance Act 1992
- 29Paragraph 29
- Part 5: AMENDMENTS TO THE MOBILE HOMES (WALES) ACT 2013
- 30Paragraph 30