Since the primary governing legislation, the Renting Homes (Wales) Act 2016, came into full effect on 1 December 2022, renting property in Wales requires the landlord to provide a highly prescriptive packet of documents to the tenant (the contract-holder) before or immediately after they move in.

Failing to provide any of these required disclosures doesn't just result in fines—it legally strips the landlord of their ability to evict the contract-holder or charge rent.

1. The Written Statement (The Occupation Contract)

Under the Renting Homes (Wales) Act 2016, there is no more ambiguity about what a contract says. The landlord must provide the contract-holder with a "Written Statement" of the occupation contract.

• The 14-Day Deadline: This Written Statement must be provided within 14 days of the contract-holder moving into the property.
• Statutory Terms: The Written Statement cannot be entirely customized. It must contain "Key Matters" (names, address, rent amount), "Fundamental Terms" (the core legal rights which mostly cannot be changed), "Supplementary Terms" (practical matters like notifying the landlord of emptiness), and "Additional Terms" (custom rules like pet policies).
• Penalty: If the landlord is late providing the Written Statement, they can be penalized up to two months' rent.

2. Fitness for Human Habitation (FFHH) Disclosures

Wales is incredibly strict regarding property safety. For a property to be legally deemed Fit for Human Habitation, the landlord must provide the following documents to the contract-holder:

Gas Safety Certificate

If there is a gas supply, an annual check must be carried out by a Gas Safe registered engineer. Under Regulation 36(6)(b) of the Gas Safety (Installation and Use) Regulations 1998, the landlord must ensure that a copy of the last record made is given to the contract-holder before they occupy the premises. While the Welsh FFHH Regulations allow 14 days to provide a copy for fitness purposes, failure to provide it before occupation remains a breach of the 1998 Regulations.

Electrical Installation Condition Report (EICR)

The landlord must have a qualified electrician test the electrical installation at least once every 5 years. A copy of the valid EICR must be provided to the contract-holder within 14 days of their occupation, and within 14 days of any subsequent inspection.

Smoke and Carbon Monoxide Alarms

Under Regulation 5 of the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, the landlord must ensure that a smoke alarm is present on every storey of the dwelling. Each alarm must be connected to the dwelling’s electrical supply (hard-wired) and interlinked with every other smoke alarm in the dwelling. Battery-only alarms do not satisfy this requirement. Additionally, a carbon monoxide alarm must be present in every room containing a gas, oil, or solid fuel burning appliance.

If any of the FFHH checks are not completed and disclosed, the property is deemed unfit. Under Section 94 of the Renting Homes (Wales) Act 2016, the contract-holder is not liable to pay rent for any period during which the dwelling is unfit, and the landlord cannot serve an eviction notice.

3. Energy Performance Certificate (EPC)

Before marketing the property, the landlord must have a valid Energy Performance Certificate (EPC) rated 'E' or above under the Energy Performance of Buildings (England and Wales) Regulations 2012. The previous mandate to reach Band 'C' by 2025/2028 was officially scrapped in September 2023. The EPC must be provided to the prospective contract-holder free of charge at the earliest opportunity.

4. Deposit Prescribed Information

If a security deposit is taken, it must be protected in a registered scheme. The landlord must provide the contract-holder with the Prescribed Information outlining where the money is held and how the scheme works within 30 days of receiving the deposit. (See our Security DepositsPreview unavailable guide).

5. Landlord Identity and Rent Smart Wales

The Written Statement must contain the legal name and contact address of the landlord. Furthermore, the landlord is legally required to be registered with Rent Smart Wales. Prospective contract-holders can search the public register to verify their landlord's compliance before signing a contract.

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