Landlord guide: Conwy Council

Why it matters

Non-compliance with Conwy Council's specific licensing rules, Rent Smart Wales requirements, or Welsh housing law can lead to severe penalties, including unlimited fines, inability to regain possession of your property, and even criminal prosecution. Understanding and proactively fulfilling these obligations protects your investment, ensures tenant safety, and maintains your reputation as a responsible landlord. Failure to comply also risks invalidating tenancy agreements or rendering them unenforceable, leading to significant financial loss and operational disruption.

Legal requirements

• Every landlord and agent managing a property in Wales must register with Rent Smart Wales.
• Landlords who self-manage properties in Conwy must hold a valid Rent Smart Wales landlord licence.
• Letting agents managing properties in Conwy must hold a valid Rent Smart Wales agent licence.
• Properties meeting the definition of a House in Multiple Occupation (HMO) in Conwy may require mandatory or additional HMO licensing.
• Some areas in Conwy may be subject to selective licensing, requiring all rental properties within designated zones to be licensed.
• All occupation contracts must be provided to contract-holders as a written statement within 14 days of occupation commencing.
• Properties must be fit for human habitation, as defined by the Renting Homes (Wales) Act 2016, at the start and throughout the occupation contract.
• A valid gas safety certificate must be provided annually for properties with gas appliances.
• An electrical installation condition report (EICR) must be obtained and renewed every five years.
• Working smoke alarms must be installed on every storey and a carbon monoxide alarm in any room with a fuel-burning appliance.
• Any tenancy deposit taken must be protected in an authorised scheme and prescribed information issued to the contract-holder within 30 days.

Common mistakes

• Failing to register with Rent Smart Wales, which is a legal requirement for all landlords and agents in Wales.
• Operating an HMO without the necessary mandatory or additional licence from Conwy Council.
• Assuming that because a property is not a large HMO, it does not require any form of council licensing.
• Not providing a written statement of the occupation contract to the contract-holder within the statutory 14-day period.
• Neglecting to protect a tenancy deposit or provide the prescribed information, which can prevent the use of possession grounds.
• Relying on out-of-date information for licensing rules, as schemes and designated areas can change regularly.
• Not installing or regularly checking smoke and carbon monoxide alarms, leading to safety hazards and non-compliance.
• Failing to obtain or renew an electrical installation condition report every five years.
• Issuing a Section 21 notice under English law instead of using the correct Welsh possession notices, which are different.
• Not ensuring the property meets the 'fitness for human habitation' standards, particularly regarding safety and repair.

Practical guidance

• Verify your registration and licence status with Rent Smart Wales for all properties you own or manage in Conwy.
• Review Conwy Council's official website regularly to determine if your property falls under any mandatory, additional, or selective licensing schemes.
• Ensure all required safety certificates including gas safety and EICR are current and readily accessible.
• Confirm that working smoke and carbon monoxide alarms are correctly installed and regularly tested according to regulations.
• Always provide a written statement of the occupation contract to the contract-holder within 14 days of occupation.
• Protect any tenancy deposit taken within 30 days and provide the contract-holder with all prescribed information from the deposit scheme.
• Maintain a robust evidence pack for every property, containing all compliance documents, tenancy agreements, and communications.
• Conduct regular property inspections to ensure the property remains fit for human habitation and address any maintenance issues promptly.
• Familiarise yourself with the Renting Homes (Wales) Act 2016 and the specific possession grounds applicable to occupation contracts.
• Engage with a reputable letting agent if you are unsure about compliance, especially if you are not based in Wales.

The Welsh Context: Renting Homes (Wales) Act 2016

The Welsh rental landscape is distinctly governed by the Renting Homes (Wales) Act 2016, which came into force in December 2022. This legislation fundamentally changed the relationship between landlords and tenants in Wales, replacing traditional assured tenancies with 'occupation contracts'. Key provisions include the requirement for landlords to provide a 'written statement' of the occupation contract to the contract-holder within 14 days of occupation commencing. Properties must be fit for human habitation at the start of and throughout the contract, encompassing aspects like electrical safety, working smoke and carbon monoxide alarms, and adequate repair. Unlike England, where the Renters' Rights Act 2025 has abolished Section 21, the Renting Homes (Wales) Act 2016 already significantly reformed possession procedures, including a longer notice period for 'no-fault' evictions and specific grounds for possession. Landlords in Conwy must ensure all new agreements and existing converted agreements comply fully with this Act.

Rent Smart Wales: Mandatory Registration and Licensing

Every landlord and letting agent involved in renting properties in Wales, including Conwy, must comply with Rent Smart Wales (RSW). This scheme mandates that all landlords must register themselves and their rental properties. Furthermore, if a landlord intends to self-manage their property, they must also obtain a landlord licence from RSW by completing approved training. Similarly, all letting agents operating in Wales must hold an agent licence from RSW. Failure to comply with RSW registration or licensing requirements is a criminal offence and can result in significant penalties, including unlimited fines and rent repayment orders. It can also severely impact a landlord's ability to serve valid notices for possession. Conwy Council works closely with Rent Smart Wales to enforce these regulations, making compliance an absolute priority for anyone letting property in the area. Landlords should check their registration and licence status regularly and renew them as required.

Conwy Council's Local Licensing Schemes: HMOs and Selective Licensing

Beyond Rent Smart Wales, Conwy Council may operate its own additional licensing schemes. The most common types are mandatory HMO licensing, additional HMO licensing, and selective licensing. Mandatory HMO licensing applies nationally to larger Houses in Multiple Occupation typically occupied by five or more people forming two or more separate households, sharing facilities such as bathrooms or kitchens. Additional HMO licensing can be introduced by Conwy Council to extend licensing to smaller HMOs, often those with three or four occupants, within specific areas. Selective licensing allows the council to designate areas where all privately rented properties, regardless of whether they are HMOs, require a licence. These schemes aim to raise housing standards and management practices. Designated areas and criteria can change, so landlords must consult Conwy Council's official housing or private rented sector pages before each new tenancy, or before purchasing a new rental property, to confirm current requirements. The licence conditions for each scheme must be strictly adhered to.

Essential Safety and Compliance Checks for Conwy Properties

Maintaining a safe rental property is a continuous legal obligation for Conwy landlords. For properties with gas appliances, an annual gas safety record must be obtained from a Gas Safe registered engineer and provided to the contract-holder. An Electrical Installation Condition Report (EICR) must be carried out by a qualified person at least every five years, and a copy supplied to the contract-holder. Working smoke alarms must be fitted on every storey of the property, and carbon monoxide alarms in any room that contains a fuel-burning appliance. The property must also possess a valid Energy Performance Certificate (EPC) with a minimum rating appropriate for its letting, and a copy must be provided to prospective and actual contract-holders. Landlords must also protect any tenancy deposit in a government-approved scheme within 30 days and issue the prescribed information to the contract-holder. These statutory duties are critical for contract-holder safety and avoiding legal repercussions, and are distinct from Rent Smart Wales and local licensing requirements.

Navigating the Renters' Rights Act 2025 and Welsh Possession Rules

While England's Renters' Rights Act 2025 introduces significant changes, including the abolition of assured shorthold tenancies and Section 21 notices, Welsh landlords are already operating under a different framework established by the Renting Homes (Wales) Act 2016. In Wales, 'assured shorthold tenancies' do not exist; instead, landlords grant 'occupation contracts'. The Welsh Act already reformed possession procedures, making it harder for landlords to evict contract-holders without a specific reason, often requiring longer notice periods for 'no-fault' possession. Landlords in Conwy must use the correct Welsh possession notices, which differ significantly from English versions. Any attempt to use an English Section 21 notice in Wales is invalid. Landlords should thoroughly understand the specific grounds for possession under the Renting Homes (Wales) Act 2016, which include breach of contract, rent arrears, and landlord's intention to sell or move into the property. Seeking legal advice for possession matters in Wales is always recommended given the complexities.