DEPOSIT SCHEMES
The rules relating to deposit protection have not changed.
If the Occupation Contract states that the Contract-Holder must pay a deposit (or another person pays a deposit on his or her behalf), the landlord must put the deposit (money paid as security) in a UK Government approved tenancy deposit scheme: gov.uk/tenancy-deposit protection.
Within 30 days of payment of the deposit, landlords must fully comply with the requirements of the deposit scheme and provide Contract- Holders with details of the scheme including the name of the scheme, landlords’ obligations, and the Contract-Holder’s rights.
NB: Landlords will have to be compliant in these requirements should they wish to seek possession.
ANTI-SOCIAL BEHAVIOUR
Under the new law all Occupation Contracts must include the anti-social behaviour term included in the model Written Statements.
Anti-social behaviour and other prohibited conduct can include excessive noise, verbal abuse and physical assault. It also includes domestic abuse (including physical, emotional and sexual, psychological, emotional or financial abuse).
NB: The Contract-Holder must also not behave in such a way towards the landlord, or a person acting on the landlord’s behalf, in relation to the landlord’s housing management functions.
If the Contract-Holder breaches this term of the contract, the landlord is able to serve a possession notice and commence court proceedings on the same day. The Contract-Holder can also be held responsible for the behaviour of anyone else who lives in or visits the dwelling.
ENFORCEMENT
A landlord may be required to pay compensation to a Contract-Holder in the following circumstances:
• Failure to provide a Written Statement. • Providing an incomplete Written Statement. • Providing an incorrect Written Statement. • Failure to provide information under section 39. • Failure to provide Written Statement of variation of Secure Contract. • Failure to provide Written Statement of variation of periodic or fixed term Standard Contract.
If a Contract-Holder is seeking compensation from the landlord for failure to provide a Written Statement or failure to provide a Written Statement for a Secure Contract or periodic or fixed term Standard Contract, then the Contract-Holder may apply to the court to increase the level of compensation on the grounds that the landlord has done this deliberately.
Contract-Holders may also apply to the courts to increase compensation for incomplete or incorrect Written Statements.
NB: If the courts find that compensation should be increased, then they can increase the amounts up to the maximum of double the original compensation. The Contract-Holder can set off compensation owed against rent.
FITNESS OF HOMES FOR HUMAN HABITATION AND REPAIR OBLIGATIONS
From 1 December 2022, landlords and letting agents will have an obligation to ensure that property they let is both in repair and fit for human habitation as defined by the Renting Homes (Wales) Act 2016 and the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.
WHAT DO YOU NEED TO DO?
Landlords must keep the dwelling in repair at all times and ensure that the structure and exterior of the building along with all service installations in the property are kept in repair.
Repairs must be conducted within a reasonable time frame and to a reasonable standard as soon as the landlord is aware of the need for repairs.
NB: When the repair is not the fault of the Contract-Holder, the landlord cannot place any obligation on the Contract-Holder such as to carry out the repairs or to contribute to the cost.
From the start and throughout the duration of the Occupation Contract, the landlord must ensure their property is fit for human habitation. This includes resolving any of the circumstances under the “Determining fitness for human habitation heading” and preventing any likelihood of any of them occurring.
DETERMINING FITNESS FOR HUMAN HABITATION
The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 provides 29 matters and circumstances that have to be considered when determining whether a dwelling is fit for human habitation. These are based on the Housing Health and Safety Rating System and are:
- Exposure to house dust mites, damp, mould or fungal growth.
- Exposure to excessively low temperatures.
- Exposure to excessively high temperatures.
- Exposure to asbestos and manufactured mineral fibres.
- Exposure to chemicals used to treat timber or mould growth.
- Exposure to carbon monoxide, nitrogen dioxide, sulphur dioxide and smoke.
- The ingestion of lead.
- Exposure to radiation.
- Exposure to uncombusted fuel gas.
- Exposure to volatile organic compounds.
- A lack of adequate space for living and sleeping.
- Difficulties in keeping dwelling secure against unauthorised entry.
- A lack of adequate lighting.
- Exposure to noise.
- Poor design, layout or construction such that the dwelling cannot readily be kept clean. • Exposure to pets. • Inadequate provision for the hygienic storage and disposal of household waste.
- Inadequate provision of facilities for the storage preparation and cooking of food.
- Inadequate provision of facilities for maintaining good personal hygiene, sanitation and drainage.
- An inadequate supply of water free from contamination, for drinking and other domestic purposes.
- Inadequate provision to minimise the risk of falls associated with toilets, baths, showers and other washing facilities.
- Inadequate provision to minimise the risk of falling on a surface.
- Inadequate provision to minimise the risk of falling on stairs, steps or ramps.
- Inadequate provision to minimise the risk of falling from one surface to another (such as falling from height).
- Exposure to electricity.
- Exposure to uncontrolled fire and associated smoke.
- Risk of contact with controlled fire or flames and hot objects, liquid or vapours.
- Risk of collision with, or entrapment of body parts in doors, windows or other architectural features.
- Risk of an explosion at the dwelling.
- Poor accessibility or operation of amenities, fittings and equipment.
- Risk of structural collapse of whole or part of the dwelling, including falling elements.
NB: In addition to this, the Fitness for Human Habitation Regulations establishes requirements for landlords to meet minimum electrical safety, as well as smoke and carbon monoxide alarm standards.
SMOKE ALARMS
Landlords must ensure that, during each period of occupation, there is at least one smoke alarm on each floor of the property.
The smoke alarm must be in proper working order, connected to the property’s electrical supply and linked to every other smoke alarm in the property which is connected to the electrical supply.
NB: Landlords with properties with new contracts beginning on or after 1 December 2022 will need to comply with the smoke alarm rules. For tenancies which existed before 1 December 2022, landlords will have 12 months to comply with these requirements (by 1 December 2023).
CARBON MONOXIDE ALARMS
Landlords must ensure that a carbon monoxide alarm is in proper working order in any room (including a hall, landing or corridor) which has a gas appliance, oil fired combustion appliance or solid fuel burning combustion appliance installed.
NB: Gas appliance means an appliance designed for use by someone of gas heating, lighting, cooking or other purposes, but does not include a portable or mobile appliance supplied with gas from a cylinder or an appliance which the Contract Holder is entitled to remove from the property under the terms of the Occupation Contract.
It is advised that carbon monoxide alarms are placed below any smoke/ fire alarms and are replaced more regularly due to being more fragile than smoke alarms.
The Regulations do not stipulate whether carbon monoxide alarms should be battery powered or connect to the property’s electrical supply. NB: There is no statutory duty on when alarms should be tested but it is recommended that they are tested when repairs are taking place or when other electrical testing is taking place in the dwelling.
If any of the alarms are not in place or not in working order, the dwelling will be considered unfit for human habitation.
NB: The requirements for carbon monoxide alarms apply to all Occupation Contracts from 1 December 2022.
ELECTRICAL SAFETY
Landlords are required to have the electrical safety of the property tested every five years, unless specified within the Electrical Condition Report (ECR). The test must be conducted by a qualified person e.g., a registered electrician, and the report is valid until the end of the five-year period beginning with the day on which the electrical safety inspection was carried out.
NB: An Electrical Installation Condition Report (EICR) on a new-build property within the previous five-years counts as an electrical safety report for the purposes of these regulations.
Failure to meet these requirements will lead to the dwelling being unfit for human habitation.
NB: For new contracts which begin on or after 1 December 2022 landlords will need to ensure properties, they let comply with the electrical safety rules. For tenancies which existed before 1 December 2022 landlords will have 12 months to comply with these requirements (by 1 December 2023).