Rent Smart Wales: Could landlords be forced to provide rent data?

Landlords could be forced to give Rent Smart Wales details of the rent they charge under new plans for the licensing and registration body.

The recommendation was made during the Welsh Government’s final evaluation of Rent Smart Wales (RSW), whose primary role is to improve standards in the private rented sector.

The report recommends developing Rent Smart Wales’ data collection remit to include rent data, aligning with proposals in the Welsh Government’s White Paper on Fair Rent and Adequate Housing. 

The report suggests:

 •    That expansion of publicly available data should include compliance records and past complaint data, to enable tenants to verify landlord compliance before entering into a tenancy. 
•    Additional data should be made available through the public register, including greater information on EPC ratings, housing conditions (such as electrical and gas safety), audit ratings for commercial agents, and rent levels. 
•    Additional and more accessible tools, within the RSW statistical dashboards, should be developed for local authorities to monitor compliance trends and support proactive enforcement

While the NRLA has no issue over landlords proving compliance, as they are obliged to supply safe and secure homes for tenants, we have serious concerns about the collection of rent data – as the Government has been unable to give an adequate explanation of its purpose or how it will be used.

Expanding RSW’s role without clarity or capacity risks undermining its existing responsibilities, with issues raised in the report on inconsistencies in enforcement across different local authorities.

The report makes a number of recommendations to tackle this issue – which had been flagged by the NRLA already.

It said there needs to be:
•    Improved coordination between RSW and local authorities to ensure uniform enforcement of licensing and registration requirements. 
•    Sufficient resources given to local authorities to support consistent enforcement activities. 
•    Improved communication and support for landlords 

The NRLA believes effective communication is essential for landlords to understand their responsibilities and has already flagged issues with RSW failing to convey information in a timely and user-friendly manner. 

Taking this a step further, we have called for RSW to adopt a more supportive tone, rather than the abrasive one it has taken – for example, in registration renewal letters. The evaluation suggests: 

•    Clear guidance is still lacking, and RSW must focus on providing straightforward, accessible information on compliance requirements. 
•    Responsive and supportive channels must be established to assist landlords with queries and issues related to RSW to provide confidence in the scheme.  

NRLA Chief Executive Ben Beadle said: “A fairly regulated private rented sector in Wales is essential, but any new requirements must be targeted and effective and based on evidence.

"This lengthy report sets out how Rent Smart Wales must deliver on its existing obligations before it can even think about expanding the scope of its work. And as the report sets out, it has some way to go.

“Rent Smart Wales needs to demonstrate it can deliver tangible improvements in standards and provide a service that supports, rather than frustrates, compliance.

"This cannot be achieved through unhelpful communication or by making the process unnecessarily difficult for responsible landlords. 

“That said, we welcome the report’s findings and look forward to working constructively with both Rent Smart Wales and Welsh Government in making sure these improvements are realised."

Homelessness Bill published 

In addition to the RSW paper, the Welsh Government introduced the Homelessness and Social Housing Allocation (Wales) Bill, aiming to transform the approach to homelessness with an emphasis on prevention and enhancing cooperation across public services.  

One of the key provisions is the change to the definition of ‘threatened with homelessness’, which will be extended from the current 56 days to six months, aligning with notice periods under the Renting Homes (Wales) Act and allowing – in principle at least – earlier intervention.  

The Bill will also abolish the ‘priority need’ and ‘intentionality’ tests, which have long influenced how and when local authorities provide housing support.  

The Welsh Government’s inclusive approach to homelessness prevention has meant that these tests are being used less in practice, but the Welsh Government has acknowledged that local authorities still need tools to prevent abuse of the system. As a result, the Bill introduces new safeguards that will allow local authorities to respond to unacceptable behaviour without applying the intentionality test. 

Key new measures include: 

A “deliberate manipulation” test to deprioritise individuals who intentionally refuse to pay rent or attempt to game the system to secure social housing. 

Powers to end homelessness duties where a tenant: 
•    Has been violent or threatening to housing staff. 
•    Has seriously damaged or destroyed property. 
•    Has repeatedly failed to engage with their homelessness case. 

While the Bill will introduce provisions to abolish the priority need and intentionality tests, the Welsh Government has recognised that it is not practicable to do so without a “robust housing supply”.

When this will be is yet to be determined, but the Regulatory Impact Assessment of the Bill estimates that costs associated with the changes won’t be incurred until 2030-2031.  

The Bill primarily focuses on public sector responsibilities, but private landlords should be aware of the broader shift towards prevention and early intervention in homelessness. We will be monitoring the Bill as it progresses and will keep members updated.  
More information

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