Minimum Fit for Human Habitation (FFHH) standards in Wales
To coincide with the implementation of their Renting Homes (Wales) Act 2016, Welsh Government set out the 29 matters and circumstances that must be considered when determining if a property is Fit for Human Habitation (FFHH).
The Act states that a property will be “unfit for human habitation” where a property falls short of the required standards, so it’s imperative that landlords familiarise themselves with what’s required. It will be incredibly difficult for a landlord to claim that rent is due for any 'uninhabitable' period, in our view.
The 29 items are contained within The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, though Welsh Government have produced easier-to-digest guidance for landlords.
Disputes over property condition
The 29 items are almost identical to the items considered under The Housing Health and Safety Rating System (HHSRS) – the risk assessment-based method local authorities use to determine housing conditions. Importantly, FFHH does not replace HHSRS.
FFHH is just a process for landlords and contract-holders to follow to agree if the property is fit to live in. If they can’t agree, it’s for the courts to decide: though it’s hoped that won’t be the case, as Welsh Government want landlords and contract-holders to be able to decide it for themselves in order to lessen the load on the courts.
Welsh local authorities will still use HHSRS when inspecting properties. In some cases, a property will be fit under FFHH but the local authority might still take action under HHSRS. For example, a worn carpet causing a trip hazard won’t cause a property to be declared unfit for human habitation under FFHH, but a local authority may take enforcement action under HHSRS, especially if there’s an elderly person occupying.
What do contract-holders’ contracts say about this?
We warn landlords to be extremely wary about the wording of Welsh Government’s model Written Statement (tenancy agreement) in regards to FFHH. They’ve included a term which, if left unaltered, states:
“You are not required to pay the rent in respect of any day or part day during which the dwelling is unfit for human habitation.”
We think this massively empowers occupiers, so we’ve changed it to make it a lot more balanced.
Additional safety requirements
The legislation also requires landlords to have a valid Electrical Installation Condition Report (EICR), mains-wired smoke alarms and a carbon monoxide alarm in every room with a gas, oil or solid fuel burning appliance (including gas boilers).
Further reading
Want to know more? Head on over to the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 or Welsh Government’s accompanying guidance.
Let CPS Homes help
Frustrated by the complexities of the Renting Homes (Wales) Act and the industry’s ever-changing laws & regulations? We're specialists in navigating through Welsh landlord legislation and the intricacies that other agents might miss. Our Compliance Team stay ahead of the curve, ensuring our clients always have ironclad occupation contracts and complete legal protection.
By instructing us to manage your property, we will...
- Work with you to put efficient processes in place well in advance of key dates for new legislation and regulations, ensuring you and your properties are compliant, safe and legal.
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To discuss CPS Homes taking over management of your property, contact our Senior Property Investment & Market Advisor, Rhys Owen, today via rhys.owen@cpshomes.co.uk or 02920 668585.
