Assessing whether a rental property in Wales is fit for human habitation may seem like a fairly straightforward task and, for the most part, it can be.
However, landlord in Wales who remain attentive to their tenants’ reports of disrepair within their rented property and ensure that any required maintenance is carried out promptly can still find themselves falling short of their legal obligations.
Simple unintentional mistakes can result in landlords being in breach of the law. The fact that your rental property is in good condition and that your tenants are inhabiting it without any reported issue still may not be enough to avoid having your property being treated as ‘unfit for human habitation’.
The Regulation
The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 provides guidance as to the various matters and circumstances that should be considered when determining whether a property is indeed ‘fit for human habitation’. This include things such as; electrical hazards, fire safety, exposure to asbestos, mould, and poor design.
This regulation also requires landlord to ensure that:
- There is a smoke alarm on each floor of the property and that they are wired into the mains.
- There is a carbon monoxide alarm present in each room with a gas appliance.
- That there is a valid Electrical Installation Condition Report at all times.
It is also crucial that a copy of the Electrical Installation Condition Report (EICR) is provided to your tenants. Landlords in Wales would be forgiven for assuming that since the EICR for the property is satisfactory, their failure to provide a copy of it to the tenant will not be considered a serious breach of their obligations.
Case Law
However, in the case of Coastal Housing Group Ltd & Ors -v- Mitchel & Ors, it was upheld that a landlord’s failure to provide an EICR to the tenants would mean that the property is to be treated as ‘unfit for human habitation’.
This means that during the period which the tenant was without the EICR none of rent was legally due to the landlord.
If a landlord finds themselves with a tenant who is in serious rent arrears, but the landlord has not ever served the tenant a copy of the EICR, then technically none of the rent arrears apply and, possibly, the landlord may even owe the tenant a refund of rent that had been paid.
Conclusion
The recent decision in Coastal Housing Group case therefore illustrates the vital importance of landlords in Wales being fully compliant with the law to the finest detail, especially when the landlord intends to gain possession of the property or if the relationship with the tenant has broken down.
If you are a Landlord in Wales and would like a free consultation regarding your rental property, please call Dudden Law Solicitors 02921 320 150 who have a small but experienced team that would be happy to assist.
Written by
Dean Francis
Paralegal
