The Renting Homes (Wales) Act 2016 (“RHWA”) has now been in force for almost 3 years. In the inclusion of the new Act, there was a term in all new Occupation Contract for landlords to ensure that the dwelling was fit for the occupant’s human habitation.
The RHWA included several obligations on landlords to repair the dwelling in accordance with the Act but the fitness for human habitation obligation was separate and apart from the repairing obligation.
The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 sets out a list of factors which may give rise to a property being unfit for human habitation. These regulations include stringent requirements in relation to smoke and carbon monoxide alarms but also include a list of 29 other matters which could lead to a dwelling being unfit for human habitation.
If you, as a landlord, have any doubts whether your dwelling may be considered unfit for human habitation then you should seek legal advice.
In circumstances where a dwelling is deemed unfit for human habitation, the occupant (formerly referred as tenant) is likely to report the Landlord to the Local Authority who could investigate and require rectification to the dwelling to make it fit for human living. The occupant could also begin a claim via the Court for compensation against the landlord or for an order that the landlord bring the dwelling up to speed to be fit for habitation.
The standard Occupation Contracts are also likely to include a term to say that rent is not payable to the landlord during periods where the dwelling is deemed unfit for human habitation.
In most circumstances where a dwelling is deemed unfit for human habitation, the landlord will also be restricted in commencing eviction proceedings against an occupant.