November 19, 2024
By Siôn Fôn
In the case of Coastal Housing Group Ltd & Ors v Mitchell & Ors, it was held that a failure to provide an electrical condition report (ECR), as required under the Renting Homes Wales Act 2016 (RHWA), will deem a property as unfit for human habitation, providing contract-holders a right to refuse to pay rent.
It is essential for landlords to understand the implications of this judgment to avoid the significant financial consequences of any non-compliance. Our property experts outline key considerations that landlords should take note of:
Summary of the recent case
The claimants were registered social landlords, who had provided occupational contracts to the contract holders, the defendants. The claimants were aware of their obligation under the RHWA to provide an ECR to contract-holders. The issue in question was whether contract-holders would be entitled to withhold rent where a landlord failed to provide them with an ECR.
The main findings of the case
Lessons for landlords
This judgment certainly outlines the importance of complying with the obligations which the RHWA places on landlords. For large social landlords, a failure to physically provide their contract-holders with an ECR could put a lot of money at stake. Generally, landlords can take the following lessons from the judgment:
The importance of complying with statutory obligations –
The financial implications of non-compliance
The need to fully understand the extent of any obligation –
Coastal Housing Group Ltd & Ors v Mitchell & Ors is certainly a significant judgment for landlords in Wales. Landlords should now be proactive to ensure they are fully compliant with the RHWA regulations to avoid any implications of non-compliance.
If you require advice or assistance on any of the above, contact Siôn Fôn on 029 2082 9107 or sfon@1stisp.co.uk for a free initial chat to see how we can help you.