Wales holds residential landlords to some of the highest, most rigorously enforced safety and maintenance standards in the United Kingdom.

Effective 1 December 2022, under Part 4, Chapter 2 of the Renting Homes (Wales) Act 2016, a landlord is legally required to ensure their property is Fit for Human Habitation (FFHH) on the occupation date and for the duration of the contract. This requires strict adherence to mandatory safety measures and reporting.

1. The Mandatory FFHH Requirements

For a Welsh property to be legally defined as Fit for Human Habitation, the landlord must ensure specific safety measures are in place. The determination of fitness involves having regard to a comprehensive list of 29 matters and circumstances specified in regulations, including specific requirements for smoke alarms, carbon monoxide alarms, and electrical safety.

If a landlord is in breach of their obligation to ensure the dwelling is fit, or fails to provide required safety reports, they are restricted from issuing certain eviction notices.

A. Electrical Safety (EICR)

The landlord must have the electrical installation inspected and tested by a qualified person at least every five years. A copy of the most recent electrical report must be provided to the contract-holder within 14 days of the occupation date.

B. Gas Safety Reports

The landlord has a legal duty to provide a gas safety report to the contract-holder.

C. Smoke Alarms

A functioning smoke alarm must be installed on every storey of the dwelling. For contracts signed after Dec 2022, these must be connected to the property's electrical supply (hard-wired) and interlinked.

D. Carbon Monoxide Alarms

A functioning carbon monoxide (CO) alarm must be present in every room containing a fuel-burning appliance (excluding a gas cooker).

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2. General Repair Obligations

In addition to FFHH requirements, the landlord's general repair obligations are enshrined as "Fundamental Terms" in every Welsh Written Statement.

The landlord must:

• Keep the structure and exterior of the dwelling in repair (the roof, walls, windows, and foundation).
• Keep installations for the supply of water, gas, electricity, and sanitation in repair and proper working order (pipes, toilets, sinks, wiring).
• Keep installations for space heating and water heating (boilers) in repair and proper working order.

The landlord has a "reasonable time" to execute a repair once they have been formally notified of the defect by the contract-holder. The landlord is not required to carry out work or repairs if the unfitness or disrepair is due to the contract-holder’s fault.

The Contract-Holder's Obligations

While the landlord handles major repairs and safety testing, the contract-holder has specific responsibilities regarding the upkeep of the property.

Contract-holders must:

• Avoid waste and act in a "tenant-like manner" regarding the care and use of the property.
• Ensure they do not cause damage through negligence, as the landlord is not required to repair defects caused by the contract-holder's fault.

Consequences of Non-Compliance

Wales enforces maintenance obligations primarily through restrictions on the landlord's ability to recover possession. If a landlord is in breach of their obligation to ensure the dwelling is fit for human habitation, or fails to provide required safety reports (such as the EICR, gas safety report, or evidence of functioning smoke/CO alarms), the landlord is restricted from issuing certain eviction notices.

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