To coincide with the implementation of their Renting Homes (Wales) Act 2016, Welsh Government have set out the 29 matters and circumstances that must be considered when determining if a property is fit for human habitation.
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.
Welsh Government say that, in most cases, the legislation and guidance they’ve made available should make it clear to both landlord and tenant whether a property is FFHH (fit for human habitation) or not. However, where a dispute exists, it will be matter for the court to determine, though we suspect the local authority will also have a part to play.
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.