Fitness for Human Habitation in Wales

To determine if a dwelling is fit for human habitation, you must have regard for prescribed matters and circumstances.

The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 are the regulations prescribing those matters.

If the dwelling forms part only of a building (e.g. room in a house), the fitness standard also applies to the structure and exterior of the building and the common parts.

In determining whether a dwelling is fit for human habitation, regard must be had to the presence or occurrence, or the likely presence or occurrence, of the matters and circumstances listed in the rules. The list doesn't say much other than just being a list, and for the complete list, see the schedule here. Some more common matters and circumstances are shown below (not an exhaustive list). The list is taken from the hazards found in the Housing Health and Safety Rating System made by the Housing Act 2004 (see that section).

Damp, mites and mould or fungal growth

1. Exposure to house dust mites, damp, mould or fungal growths.

Cold

2. Exposure to excessively low temperatures.

Crowding and space

11. A lack of adequate space for living and sleeping.

Entry by intruders

12. Difficulties in keeping the dwelling secure against unauthorised entry.

Domestic hygiene, pests and refuse

15.—

(1) Poor design, layout or construction, so the dwelling cannot readily be kept clean.

(2) Exposure to pests.

(3) An inadequate provision for the hygienic storage and disposal of household waste.

Falls associated with baths etc.

19. Falls associated with toilets, baths, showers or other washing facilities.

Falling on surfaces

20. Falling on a surface.

Falling on stairs etc.

21. Falling on stairs, steps or ramps.

Falling between surfaces

22. Falling from one surface to another (including falling from a height).

Electrical hazards

23. Exposure to electricity.

Fire

24. Exposure to uncontrolled fire and associated smoke.

Exclusions to the fitness standards

There is no liability on a landlord regarding a dwelling that the landlord cannot make fit for human habitation at a reasonable expense (section 95(1)).

There is no liability on the landlord if the dwelling is unfit for human habitation wholly or mainly because of an act or omission (including an act or omission amounting to lack of care) of the contract-holder or a permitted occupier of the dwelling (section 96(1)).

See later for further exclusions that jointly apply to the fitness standard and repairing obligations.

Smoke and CO alarms and electrical reports

The fitness regulations also require CO detectors, mains interlinked smoke alarms and electrical inspection reports within 12 months from the start of the Act (for existing tenancies which are converted). Please look at this article for details on smoke alarms, CO alarms and electrics.