Notify Water Authority

Where a property is provided with water by a supplier who operates “wholly or mainly in Wales”, certain notifications to the supplier about a new tenancy are required. The water authorities are Dŵr Cymru Welsh Water and Hafren Dyfrdwy, formerly Dee Valley Water. The legislation does not affect properties covered by other water providers. Still, some properties in the English counties of Cheshire, Gloucestershire, Herefordshire and Shropshire supplied by those two providers are caught. Landlords with properties in English border areas should check the actual water supplier, as the duty can apply to some properties in England supplied by these Welsh water undertakers. Although Severn Trent Water supplies water to some properties in Wales, those properties are NOT covered by the legislation (because they do not supply water wholly or mainly in Wales).

The owner of the property (or their agent) must supply the following information about any adult occupiers (including persons not named on the tenancy agreement but not children under age 18):

their full names;

• their dates of birth (where such information has been provided to the owner);
• the date or dates on which the occupiers began to occupy the premises (if that date is after 1 January 2015).

It is essential to clarify that the duty relates to all “occupiers” except lodgers. It does not matter what type of tenancy or licence they may have. Nor does it matter whether it is the occupiers' only home or their principal home.

Any of the following methods can provide the information:

• post
• telephone
• email
• Landlord TAP at https://www.landlordtap.com/, where accepted by the supplier.

The information must be provided within 21 days of the date on which an occupier begins to occupy the premises. As of 1 January 2015, the information must have been provided for existing occupiers within 21 days of commencement (so by 21 January 2015).

A failure to provide the information will result in the property owner becoming jointly and severally liable for the occupier's water charges. However, where the information is provided within 21 days, the owner will not be responsible for water charges.

If the information is provided late (after 21 days), the owner’s joint and several liability will continue until the information is provided and will only cease from that point onwards.

The occupier must be notified that the information will be disclosed to the water authority before the owner discloses it. A suitable application for accommodation form notifying the tenant that the information will be used in that way is the easiest way of complying with that requirement.