Gillian's Diary: Is your property compliant – and can you prove it?

Wales representative, Gill Owens has been on the road again this summer, visiting landlord forums across the country. She explains more about the issues keeping you awake at night – and the importance of evidence when it comes to proving your properties are up to standard.  

While Parliament rose for the summer months, I have been busy meeting many of you at landlord meetings across Wales, including forums in Ceredigion, Powys and Torfaen and as part of Newport's Private Rented Sector task force. 

As ever the pressure of increased legislation and the new MEES regulations are causing many of you headaches, with a number of rural landlords at the Powys forum sharing serious concerns about how they will be impacted by the new rules – not least the £10,000 per property cost cap. 

While some funding is available to landlords via the Welsh Government’s NEST programme and the Boiler Upgrade Scheme (BUS) I know many of you feel this does not go far enough, particularly as eligibility depends on tenant income or benefit status – and that’s before we get into the lengthy application process. 

We at the NRLA are continuing to campaign for financial support for Welsh landlords, including tax reforms to incentivise improvements and will keep you updated on our progress.

Property compliant? Can you prove it?

Outside the legislative concerns, expert speakers from Rent Smart Wales and NRLA partner Woodstock Legal Services, raised issues regarding proof that rental homes are up to standard.

Both stressed how vitally important it is for you to keep detailed evidence when it comes to compliance, should you end up needing to prove your properties are meeting legal standards in court. 

Rent Smart Wales used the example of smoke alarms.

The speaker explained that, should a tenant allege you have breached your health and safety obligations, it will not be enough to have a record that alarms have been installed and are regularly checked. 

In fact, they explained, even a photograph of said smoke alarms in situ may not be sufficient for the court as it ‘could be from any house’ and not that specific property. 

Instead, they said, you will need evidence that the alarm is where you say it is, that there is a written record of this, and ideally a signature from your tenant confirming it has been checked and is in working order. 

This advice was echoed by the speaker from Woodstock, who stressed the need to ensure that any complaints about property conditions are fully documented, including the date and time, action taken, whether access was permitted by the tenant and any receipts for work. 

The common theme from both was the need for hard evidence and a solid paper trail when it comes to the condition of your rental property – ideally with signatures from your tenants to confirm any work done, or safety tests carried out. 

With both having extensive experience of the realities of the legal system, it is advice worth heeding.

Looking ahead

With Welsh Parliament returning after the summer break – and the publication of the programme for government published this week – there are undoubtedly challenging times ahead for us here in Wales. But rest assured the NRLA will be on hand to support you, and will continue to campaign for positive change to sustain and grow the private rented sector in Wales. 

For a full list of landlord forum meetings over the next month click here.