Landlord guide: Pembrokeshire Council

Why it matters

Failure to comply with these regulations can lead to severe penalties, including unlimited fines, Banning Orders, and an inability to legally regain possession of your property. Non-compliance also risks deposit protection disputes, reputational damage, and potential civil claims from tenants. Ensuring full adherence to all requirements protects your investment, maintains your landlord registration status, and provides peace of mind.

Legal requirements

• All landlords and letting agents must register with Rent Smart Wales and, if self-managing or acting as an agent, obtain a licence.
• Any property classified as a larger House in Multiple Occupation (HMO) must have a mandatory HMO licence from Pembrokeshire Council.
• Properties falling under any additional or selective licensing schemes designated by Pembrokeshire Council must also obtain the relevant licence.
• Every tenancy must be governed by an 'occupation contract' in Wales, with a written statement provided to the contract-holder within 14 days of occupation.
• Properties must be fit for human habitation throughout the tenancy, including ensuring working smoke alarms, carbon monoxide alarms, and regular electrical safety checks.
• An Energy Performance Certificate (EPC) must be provided to prospective contract-holders at the earliest opportunity and must meet minimum energy efficiency standards.
• Deposits must be protected in an approved scheme within 30 days of receipt and the prescribed information issued to the contract-holder.
• A valid gas safety record must be obtained annually for properties with gas installations and a copy provided to the contract-holder.
• An Electrical Installation Condition Report (EICR) must be obtained at least every five years and provided to the contract-holder.
• The contract-holder must be given specific 'prescribed information' before the tenancy commences, as detailed in the Renting Homes (Wales) Act 2016.

Common mistakes

• Failing to register or renew a licence with Rent Smart Wales, leading to enforcement action.
• Not checking for additional or selective licensing schemes that apply to specific areas within Pembrokeshire, rather than assuming only mandatory HMO rules apply.
• Using outdated tenancy agreements or notice forms, such as those designed for assured shorthold tenancies or English law, which are not valid in Wales.
• Not providing a written statement of the occupation contract or key information to the contract-holder within the legally mandated timeframe.
• Failing to conduct regular gas safety checks or electrical safety inspections, leaving landlords vulnerable to legal and safety risks.
• Mistaking the minimum energy efficiency standards for England for those applicable in Wales, or not providing a valid EPC to contract-holders.
• Not protecting a deposit within 30 days or failing to provide the contract-holder with the required prescribed information about the deposit scheme.
• Ignoring the requirements for smoke alarms and carbon monoxide alarms, which are a fundamental aspect of the fitness for human habitation duty.
• Attempting to evict a contract-holder without adhering to the strict notice periods and grounds for possession under the Renting Homes (Wales) Act 2016 and the Renters' Rights Act 2025.
• Assuming a property is fit for human habitation without conducting a thorough assessment of its condition against the 29 matters and circumstances specified in Welsh legislation.

Practical guidance

• Before marketing any property in Pembrokeshire, confirm its licensing status with Pembrokeshire Council and Rent Smart Wales.
• Ensure you or your letting agent are registered and appropriately licensed with Rent Smart Wales before any tenancy commences.
• Commission an Energy Performance Certificate (EPC) for the property, ensuring it meets or exceeds the minimum energy efficiency standards in Wales.
• Arrange for a qualified Gas Safe registered engineer to perform an annual gas safety check if there are gas appliances.
• Engage a qualified electrician to conduct an Electrical Installation Condition Report (EICR) every five years or sooner if recommended.
• Install and regularly test working smoke alarms on each storey and carbon monoxide alarms in any room with a fuel-burning appliance.
• Prepare a comprehensive written statement of the occupation contract, incorporating all mandatory and fundamental terms, and serve it to the contract-holder within 14 days of occupation.
• Collect the security deposit and protect it with a government-approved scheme, then serve the prescribed information to the contract-holder within 30 days.
• Provide the contract-holder with all statutory documents and prescribed information, including the EPC, gas safety record, and EICR, before or at the start of the tenancy.
• Maintain meticulous records of all safety certificates, licence applications, and communication with contract-holders and the council, as these are crucial for compliance and dispute resolution.