Wales Landlord-to-Agent Handover: Compliance Checklist for Letting Agent Files

The Liability Problem

When a letting agent manages a Welsh property, the agent handles day-to-day compliance — issuing written statements, serving notices, collecting rent. But the legal liability for every statutory duty under the Renting Homes (Wales) Act 2016 stays with the landlord.

If the agent failed to deliver the written statement within 14 days of the occupation date, the landlord owes the Section 87 compensation. If the agent failed to issue the required June 2026 statement update, the landlord is exposed to statutory compensation for the late variation statement; Sections 54A and 54B apply whether or not the statement was updated. If the agent did not protect the deposit within 30 days, the landlord faces a penalty claim.

This matters most during handovers — when a landlord takes management back from an agent, switches to a new agent, or appoints an agent for the first time. Incomplete files at handover are the single most common source of compliance gaps for Welsh landlords.

What to Verify at Handover

When taking possession of the property file from an agent, check every item below:

Written statement. Does a complete written statement exist for the current contract-holder? Is it the correct model (periodic or fixed-term standard)? Does it include the Sections 54A and 54B anti-discrimination provisions from the May 2026 update? If the tenancy converted from a pre-2022 AST, was a converted contract written statement delivered by 1 June 2023?

Delivery evidence. Can the agent produce proof that the written statement was delivered within 14 days? This means a signed receipt, recorded delivery tracking, or evidence that the contract-holder indicated willingness to receive the document electronically and received it in a legible form. A file note saying "statement posted" is not evidence.

Form RHW2. Was the Notice of Landlord's Address served within 14 days? If the landlord's address or the managing agent changes during the handover, Form RHW4 (Change of Address) must be served within 14 days of the change.

Deposit protection. Is the deposit protected in an authorised scheme? Was the Prescribed Information issued within 30 days? Is the protection certificate on file?

Safety certificates. Current Gas Safety Certificate (annual), EICR within 5 years, EPC at minimum E rating. Interlinked mains-powered smoke alarms on every storey and carbon monoxide alarms in rooms with gas, oil or solid-fuel appliances.

Rent Smart Wales. Is the landlord's registration current? If the agent held the licence, confirm the agent's licence covered the property. If the landlord is taking back self-management, they need their own landlord licence — registration alone is not enough.

The Address Change Notice

A handover almost always triggers a change of address for service. If the contract-holder was sending notices to the agent's address and the landlord is now managing directly, Form RHW4 must be served within 14 days of the change.

If the property is being sold and a new landlord is taking over, the new owner must serve Form RHW3 (Change of Landlord's Identity and Notice of New Landlord's Address) within 14 days of legal completion.

Gaps the Agent Cannot Fix After Handover

Some compliance failures are time-bound. The agent cannot retroactively deliver a written statement that was due two years ago — the Section 87 compensation has already accrued. What the landlord can do is:

1. Deliver the missing written statement immediately to stop further compensation accruing.
2. Issue a variation notice if the existing written statement is out of date.
3. Protect an unprotected deposit immediately and issue the Prescribed Information.
4. Serve Form RHW2 or RHW4 with the correct current address.

None of these fix the historical breach. Delivering a missing written statement late does not immediately restore Section 173 notice rights: the six-month bar runs from the date of late delivery.

Get the Agent Handover Checklist

The Occupation Contracts in Wales guide includes a detailed agent handover verification checklist that covers every document and certificate the file should contain, with a column for recording what is present, what is missing, and what remedial action is needed.

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