Viewing a Property

A housing contract will likely be the most expensive commitment you make and, given that it is linked to where you will be calling home, also one of the most important. Remember when looking for somewhere to live that you are a consumer and the landlord/agencies have something to sell you. You have consumer rights that protect you from unfair trading practices but you are likely to need to be able to prove what you have seen, or have been told, if you run into problems later.

As with other business sectors, the Consumer Protection from Unfair Trading Regulations 2008 apply to landlords and letting agents.

These Regulations set out what is meant by an unfair commercial practice:

Engaging in a misleading action. This could include an incorrect statement in an advertisement about the costs of renting a particular property
Engaging in a misleading omission. Hiding or leaving out important information - for example, that the landlord does not allow tenants to have pets in the property
Engaging in aggressive practices. This could include threats to evict or entering a tenant's property without permission
Failing to be professionally diligent. This means failing to act in a way that is acceptable within the reasonable expectations of a lettings agency business

Landlords/agencies can be prosecuted for unfair commercial practice. Unfair commercial practice can also entitle you to either unwind (end) the contract and/or claim damages. The safest approach is to assume that the landlord/agency will try to deny their actions/promises later so ALWAYS get as much proof as you can before you commit.

The safest approach is to assume that the landlord/agency will try to deny their actions/promises later so ALWAYS get as much proof as you can before you commit.

Essential Checks

For all properties, whether viewed digitally or in person, check that the following legal requirements have been met and that:

the address is registered as a rental property with Rent Smart Wales. Full information is available on our Landlord/Agency Registration and Licensing page. It is a criminal offence not to register a rental property in Wales with Rent Smart;
whoever deals with the letting is licensed with Rent Smart Wales (this can be the landlord or an agency) Full information is available on our Landlord/Agency Registration and Licensing page. It is a criminal offence for anyone is lnvolved in the letting and management of a property in Wales not to be licensed with Rent Smart;
the property has an HMO license if it needs one (most student rental property in Cardiff needs an HMO). Any property deemed as a House in Multiple Occupation (HMO) is legally obliged to be licensed. Further information is available on our HMO Licensing page.

Holding Fees and Prohibited Payments

It is an offence, under the Renting Homes (Fees etc.) (Wales) Act 2019, for a landlord or agent to charge tenants any prohibited payments/fees. This applies to all Assured Shorthold Tenancy agreements in Wales, entered into after 1st September, 2019.

If the landlord/agency mention any fees, check the full information available on our Holding Fees & Prohibited Payments page.

Digital/Remote Viewings

COVID and lockdowns changed the way you could view properties for a while. Some listings still offer remote property viewings.

Not being able to view the property in person means that you cannot see the real condition of it with your own eyes. You can get an idea of what the property is like with a virtual viewing but you cannot truly see the size, smell any damp, inspect smaller details you may notice in person, or speak to the current tenants to get their feedback on the property, agency or landlord.

Be aware that:

A digital viewing is pre-recorded and does not show the current state and condition of the property. If you are watching a digital viewing that was recorded months before, anything could have happened to the property in the meantime.
Size and space can be very misleading, depending on how it is filmed.

What can you do?

You can download our Viewing a Property Checklist to send your landlord or agency and email it to your landlord/agency. If they do not respond, or are not prepared to answer all of the questions, you will need to think very carefully about whether or not you want to risk entering into any contract.

You can also:

ask for (or download and save if possible) a copy of the digital viewing;
ask for a break clause to be included in the tenancy agreement to allow you to end the contract should you find that you do not like the property when you get to see it for yourself. Any break clause will need to be worded to allow you to end the contract without penalty. This can be very complicated if you are signing a joint contract (where all tenants sign the same contract) and not all tenants want to leave.

We advise that you still get the address and inspect the outside of the property, looking for any cracks, loose tiles or leaking/loose guttering. If the property looks in poor repair from the outside, that can be an indication of problems on the inside and the attitude of the landlords towards any repairs/upkeep needed.

Think about the area; is it close to pubs/restaurants/bars that may mean it is a noisy location and do you mind? Is it close to the university/shops/libraries and is this important to you?

It can be extremely difficult, if not impossible in some cases, to get a true feeling of the condition of the property from a recording.

As far as is possible, we recommend checking:

For any signs of damp (bubbling wallpaper, peeling paint), mould (black, brown or blue spots on walls or in corners) or disrepair in the property;
For any signs of infestations in the form of droppings, smell, traps or visible insects/animals within the property;
Any signs of exposed wires or leaks in the bathrooms/kitchen.
That the amenities are suitable for the amount of tenants and, in the case of HMOs, meet the legal standard. Does the recording show whether there is enough storage space for all tenants, enough fridge/freezer space, how many hob rings or ovens there are to make the property practical for the number of tenants and if there is enough work surface/cooking space?
Whether the bedrooms or communal spaces are big enough for your use and whether these spaces are all properly heated and ventilated.
If the recording shows whether any extractor fans in the bathrooms/kitchen work properly as poorly functioning extractor fans can encourage damp and mould to grow.
Very importantly, check if there are locks on the bedroom doors. If there are not and you want them, do not sign anything until you have it in writing that they will be provided before the start of the tenancy. If you are looking to sign a contract as a group at the same time, the landlord is under no obligation to provide them otherwise.
What furniture is included in the recording? If you are relying on this furniture being in the property during your tenancy, make sure this is written into your contract.

If, after watching the recording, you think that the property is one you may like to live in, we strongly recommend that you get anything you are relying in writing before you agree to anything or pay any money. You have legal rights if it turns out later that you have been misled into the contract but you need to think at this stage about being able to prove what you have been told/shown if things go wrong.

As a bare minimum we recommend that you email a list of points that are essential to you and ask for a response in writing before you commit.

To better protect your rights should you encounter problems later, we advise to get the following confirmed in writing (if the property is an HMO, make sure the amenities meet the legal standard):

Condition of the property:

Is the outside in good condition?
Are there any loose roof tiles, leaking pipe and gutters or crumbling brick-work?
Are there any signs of pests or vermin, such as mice, rats or cockroaches?
Does the heating and hot water work?
Are there any signs of leaks from baths, showers, radiators or pipes?
Is there any musty smell, smell of damp or signs of mould?
Is there any evidence of fresh paint used to paint over mould?
How are the bedrooms heated and is this in good working order?
How is the communal space and heated and is this in good working order?

These points all matter because, if there are cracks, leaks or inadequate heating, you are much more likely to get damp and mould inside the property. Viewing a property in person gives a much better indication but even then, mould can be painted over and blamed on the current tenants not opening the windows or drying cloths inside. If you are veiwing in person you can ask the current tenants, who may tell a very different story. Always be suspicious as it better to be safe than sorry. Further information is available on our Damp and Mould page.

Bathroom/toilet(s)

How many bathrooms are at the property?
How many toilets are at the property?
Are all facilities in good working order?
Are there any leaks/disrepair issues?
Is there an extractor fan in each bathroom/toilet and, if so, are they in good working order?
Are there windows in each bathroom/toilet and, if so, do they open and close properly?

Kitchen

How many ovens, grills and hobs are at the property and are they in good working order?
Is there a microwave and, if so, is it in good working order?
How many sinks are there in the kitchen?
How many electrical sockets are there in the kitchen?
How much worktop space is there?
How much cupboard space is there?
How many fridges are there and how many shelves per appliance?
How much freezer space is there?
Is there an extractor fan (to outside air) and is it in good working order?

Space Standards

What are the measurements of the kitchen?
What are the measurements of each bedroom?
What are the measurements of the living room?

Furniture and appliances:

What furniture with be included and is it in a good condition?
Are all the electrical appliances you need owned by the landlord and in good working order; vacuum cleaner, iron, toaster, microwave, dishwasher, washing machine?

Safety:

How secure are the front and back doors and ground floor windows?
Do all of the windows open and close properly?
Are there window locks with keys?
Are there locks on the bedroom doors? This is a very important thing to check because the landlord is not always obliged to provide them unless promised beforehand.
Are there working smoke alarms on each floor?
Are there carbon monoxide detectors throughout the house?
Do all electrical appliances that belong to the landlord have stickers on the plugs to show they have been safety inspected by an electrician within the last 12 months?
Is there a safe escape route in case of fire?

Other:

How old is the boiler? An old boiler is more likely to break down and to cost more to run.
Does the property have an HMO license?
Is there an up to date gas safety certificate? It is a legal requirement to show you this.
Is there an up to date Energy Performance Certificate? It is a legal requirement to show you this.
Do you need to pay a deposit and, if so, how much?
Where will your deposit be protected?
Do you need a guarantor?
If you do need a guarantor and do not have one, what will the landlord expect/accept instead?
Who will be managing the property, the landlord or agent?
Does whoever is managing the property hold an up to date license with Rent Smart Wales?
Will you all be asked to sign the same contract?

If you are able to view the property in person or know the current tenants, we also strongly advise to ask the following:

How much are the current bills?
Have you had any problems with damp and/or mould?
Have you had disrepair issues?
How did the agency/landlord respond?
What have they found good about the property?
What have they found bad about the property?
What have they found good about the landlord/agency?
What have they found bad about the landlord/agency?

Watch out for scams

Don't pay any money or agree to anything until you are sure that the landlord or letting agent and the property offered is genuine. Make sure the Landlord is registered with Rent Smart Wales and that that there is a registered licence holder. We also strongly advise against paying any money or agreeing to anything until you have seen the property in person and met any other tenants. Ask that payments are made by bank transfer and if you do need to pay in cash always get a receipt. If in doubt always seek advice.

Don't be afraid to walk away

If you don't like the way the letting agent or landlord are behaving, walk away from the property before you've handed over any money. Don't also be afraid to walk away if the landlord or agent can't:

show you a gas safety certificate; and
tell you the deposit protection scheme they are using; and
show you an House in Multiple Occupation license for the property; and
confirm they are registered with Rent Smart Wales.

If you have reason to believe that you are being scammed by someone advertising a property in Cardiff or the surrounding area, you may wish to report the scam to TradingStandards-SRSWales@valeofglamorgan.gov.uk, by email this Scam Information Form.

You can also contact Citizens Advice and Action Fraud for more advice and guidance.

What next?

If after making the necessary checks, you decide you want to live in a property, we advise to read our following pages before you sign anything or pay any money:

Signing a Contract

Guarantors

Deposit Protection

Holding Fees & Prohibited Payments