May 28, 2024
By Siôn Fôn
The operational section of the Renting Homes Wales Act came into force on the 1st of December 2022. Its aim is to simplify the process of renting a home in Wales, providing the parties with clearer information regarding their rights and their obligations.
As well as providing clarity for tenants, the Act has placed new obligations on landlords. Our Property Disputes experts explore what these obligations entail:
KEEPING THE PROPERTY IN REPAIR
What you need to do:
- Landlords must ensure the structure and exterior of the property is kept in repair. This includes the walls, floors, and windows. Any service installations must also be kept in repair.
- If a tenant tells you that something in the property needs repairing, if you agree that it is in disrepair you must outline to them when you will carry out the work if it is your responsibility.
- You must provide the tenant with 24 hours of notice before doing any repairs to the property.
What you do not need to do:
- You need not repair the property if it is damaged by a storm, flood, fire, or an inevitable accident.
- You need not repair the property until the tenant tells you of the damage or if the item that needs to be repaired is not something which will affect the tenant’s daily use and enjoyment of the property.
KEEPING THE PROPERTY FIT FOR HUMAN HABITATION (FFHH)
What you need to do:
- You must ensure the property is kept fit for human habitation.
- If you cause any damage to the property whilst carrying out works to make the property fit for human habitation, you must repair that damage.
- You cannot require the tenant to do the works to the property that are necessary to keep the property fit for human habitation.
What you do not need to do:
- You need not carry out works to make the property fit for human habitation if it would amount to unreasonable expense. The benefits for the tenant of the works must outweigh the cost.
- You do not have to make a property fit for human habitation if the property is not fit for human habitation because the tenant has not taken proper care of the property.
Practical tips for landlords to make a property fit for human habitation
In practical terms, this means ensuring there is a carbon monoxide and smoke alarm present in the property and all electrical installation is tested regularly. It also involves dealing with any damp or mould growth, regulating the temperature, removing the risk of exposure to hazards such as asbestos, biocides, carbon monoxide, fuel combustion products and radiation. Landlords should also ensure adequate facilities for food safety, personal and domestic hygiene, drainage, a secure water supply and lessen the risk as far as possible from fire, electrical hazards and any structural collapse or injury.
It is important that all landlords consider the above obligations which the Renting Homes Wales Act has introduced. Tenants can hold a landlord to account if these obligations are breached. It is, therefore, important to apply them practically.
If you are a landlord and need advice on your obligations under the Renting Homes Wales Act, get in touch with a member of our team for a free, no obligation conversation to see how we can help you.
