As a landlord in Wales, ensuring your property meets the fitness for human habitation standard isn’t just best practice – it’s a legal requirement under the Renting Homes (Wales) Act 2016, which came fully into force on 1 December 2022. This legislation replaced most previous housing laws and standardised tenancy agreements into a single, simplified system called an occupation contract.
But what does fitness for human habitation actually mean in statutory terms, and what exactly are your responsibilities?
The Legal Framework
Under Section 91 of the Renting Homes (Wales) Act 2016, all landlords have a duty to ensure their property is fit for human habitation at the start of and throughout the duration of the occupation contract.
Failure to comply not only puts tenants at risk but may also result in contract-holders seeking redress through the courts, potentially including rent repayment orders or enforcement action via local authorities.
The 29 Matters and Circumstances
Welsh Government guidance, informed by The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, outlines 29 key matters and circumstances landlords must consider. These include, but are not limited to:
- Damp and mould growth – both penetrating and rising damp are unacceptable.
- Condensation and ventilation – properties must be adequately ventilated to prevent moisture build-up.
- Natural lighting – sufficient daylight must be available in habitable rooms.
- Heating and thermal comfort – fixed heating systems must be safe, effective, and capable of maintaining reasonable indoor temperatures.
- Water supply – clean, potable water must be available, and hot water should be accessible for washing and cooking.
- Electrical hazards – installations must be regularly inspected and safe to use; an Electrical Installation Condition Report (EICR) is mandatory at least every five years.
- Carbon monoxide and smoke alarms – each floor must have a working smoke alarm, and rooms with a solid fuel appliance must be fitted with a CO detector.
- Sanitation and drainage – adequate and hygienic toilet and washing facilities must be provided and kept in working order.
- Food preparation areas – must include safe and hygienic facilities for storage, preparation, and cooking.
The 2022 Regulations: Prescribed Requirements
In addition to general fitness matters, landlords must meet three specific obligations under the 2022 Regulations:
- Mains-powered smoke alarms must be installed on every floor.
- Carbon monoxide detectors must be installed in every room with a gas, oil, or solid fuel-burning appliance.
- Electrical safety checks must be carried out at least once every five years by a qualified electrician, with documentation provided to the contract-holder within seven days of moving in, or within seven days of request.
Ongoing Responsibilities
It is not sufficient to ensure the property is fit at the start of the tenancy; it must remain fit throughout. This means:
- Responding to repair requests promptly
- Carrying out routine inspections (with proper notice)
- Keeping records of maintenance and servicing (e.g. gas safety certificates, EICRs, alarm tests)
Practical Tips
Engage professionals: Don’t attempt to cut corners—hire qualified electricians and gas engineers to carry out relevant checks.
Document everything: Keep a thorough log of inspections, repairs, and communications with your tenants.
Use a checklist: The Welsh Government provides a useful checklist for assessing property fitness.
