The Act states that rent will not be payable by the tenants where a property falls short of the required standards, so it’s imperative that landlords familiarise themselves with what’s required.
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.
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 – but, crucially, 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.
The legislation also requires landlords to have a valid electrical safety certificate, a mains-wired interlinked smoke alarm system, and a carbon monoxide alarm in every room with a gas, oil or solid fuel burning appliance (including gas boilers).
Want to know more? Head on over to the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 or Welsh Government’s accompanying guidance.