Is your property fit for habitation? Tips for landlords!

March 3, 2025

Is your property fit for habitation? Tips for landlords!

---

By Siôn Fôn

Keeping a property fit for habitation is a very important responsibility for landlords.

The Renting Homes Act 2016 sets specific obligations on landlords to ensure that their dwelling is in repair and fit for human habitation. In other words, you must make sure that homes can be occupied without posing any risk to your tenants.

Our property litigation expert, Siôn outlines some key points for landlords to be aware of to avoid any dispute.

What should landlords know?

You, as a landlord, have an obligation to keep the dwelling in repair and to ensure the dwelling is fit for human habitation, during the whole length of the occupation contract.

1. If you become aware of any necessary repairs, you must carry them out within a reasonable time and to a reasonable standard.
2. To ensure the dwelling is fit for human habitation, you should comply with The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 which set out 29 requirements for landlords. Should you fail to comply with these requirements, the dwelling is likely to be treated as if it is unfit for human habitation.
3. You must ensure the presence of smoke alarms and carbon monoxide detectors, both of which should be in working order.
4. Ensure regular inspections and testing of the gas, fire and electrical installations are taking place within the building and serve the relevant certificates.

Practical Tips for Landlords:

• Conduct regular inspections of the property to identify any issues early
• Seek advice from surveyors or health and safety experts when needed
• Carry out prompt repairs of any known issues
• Maintain open communication with tenants
• Consider if the repairs are covered by insurance – fires, storms or floods etc.
• Keep all repairs, correspondence, and inspections well-documented

If landlords do not carry out repairs within a reasonable amount of time or fail to keep a property fit for human habitation, the tenants can escalate the matter to their local council or seek to withhold rent.

What is not included?

Remember that landlords are not responsible for all repairs at a property, including:

• no obligation to repair problems caused by tenant behaviour or breaches of the tenancy agreement
• no obligation to repair possessions/furniture which belonged to tenants or previous tenants
• no obligation to repair where the landlord is unable to get access, where reasonable steps have been taken to gain access

It is important for both landlords and tenants to understand the legal position in terms of keeping a property in repair and fit for human habitation. Transparency and communication, thorough documentation and proactivity are essential to ensure a safe environment and to maintain compliance with the legal standards.

If you require advice or assistance on the above, contact Siôn Fôn on 029 2082 9107 or sfon@darwingray.com for an initial chat to see how we can help you.