The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022

Title and commencement

1.  The title of these Regulations is the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 and they come into force on the day on which section 239 of the Act comes into force(1).

Interpretation

2.—(1) Words and expressions used in these Regulations have the same meaning as they have in the Act.

(2) In these Regulations—

“period of occupation” (“cyfnod meddiannaeth”) means, in relation to an occupation contract, the period—

(a)

starting with the occupation date of the contract, and

(b)

ending when the contract ends; and

“the Act” (“y Ddeddf”) means the Renting Homes (Wales) Act 2016.

(3) This regulation is subject to regulation 7.

Determining fitness for human habitation

3.  In determining, for the purposes of section 91(1) of the Act, 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 Schedule.

Occupation contracts to which regulations 5 to 8 apply

4.  Regulations 5 to 8 apply only in relation to—

(a) a secure contract,

(b) a periodic standard contract, and

(c) a fixed term standard contract made for a term of less than 7 years(2),

which incorporates section 91 of the Act as a term of the contract.

Smoke alarms and carbon monoxide alarms

5.—(1) The landlord must ensure that, during each period of occupation, on each storey of the dwelling there is a smoke alarm which is—

(a) in repair and proper working order,

(b) connected to the dwelling’s electrical supply, and

(c) linked to every other smoke alarm in the dwelling which is connected to the electrical supply.

(2) The landlord must ensure that, during each period of occupation, a carbon monoxide alarm which is in repair and proper working order is in each room of the dwelling which contains a gas appliance, an oil-fired combustion appliance or a solid fuel burning combustion appliance.

(3) A dwelling is to be treated as unfit for human habitation at a time when the landlord is not in compliance with a requirement imposed by paragraph (1) or (2).

(4) For the purposes of paragraph (3), a landlord who has not complied with—

(a) paragraph (1) is to be treated as in compliance with that paragraph from the time the landlord ensures that a smoke alarm is (or smoke alarms are) present in the dwelling as described in that paragraph;

(b) paragraph (2) is to be treated as in compliance with that paragraph from the time the landlord ensures that a carbon monoxide alarm is (or carbon monoxide alarms are) present in the dwelling as described in that paragraph.

(5) In this regulation—

“gas” (“nwy”) has the meaning given by section 48(1) of the Gas Act 1986(3);

“gas appliance” (“cyfarpar nwy”) means an appliance designed for use by a consumer of gas for heating, lighting, cooking or other purposes for which gas can be used, but it does not include—

(a)

a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance, or

(b)

an appliance which the contract-holder is entitled to remove from the dwelling under the terms of the occupation contract;

“room” (“ystafell”) includes a hall, landing or corridor.

Electrical safety

6.—(1) The landlord must ensure that there is a valid electrical condition report in respect of the dwelling during each period of occupation.

(2) An electrical condition report—

(a) is a condition report setting out the results of an electrical safety inspection carried out by a qualified person;

(b) is valid—

(i) until the end of the period of 5 years beginning with the day on which the electrical safety inspection is carried out (“the inspection date”), or

(ii) if the electrical condition report states that the next electrical safety inspection should be carried out less than 5 years after the inspection date, until the end of the day by which, in accordance with the report, the next electrical safety inspection should be carried out.

(3) The landlord must ensure that the contract-holder is, before the end of the period of 7 days starting with the occupation date, given—

(a) a copy of the most recent electrical condition report, and

(b) where investigatory or remedial work has been carried out on or in relation to an electrical service installation in the dwelling after the electrical safety inspection to which that report relates (and before the occupation date), written confirmation of work.

(4) Where an electrical safety inspection is carried out after the occupation date, the landlord must ensure that the contract-holder is given a copy of the electrical condition report relating to the inspection before the end of the period of 7 days starting with the day on which the inspection was completed.

(5) Where investigatory or remedial work is carried out on or in relation to an electrical service installation in the dwelling after the occupation date, the landlord must ensure that the contract-holder is given written confirmation of work before the end of the period of 7 days starting with the day on which the landlord received the confirmation.

(6) A dwelling is to be treated as unfit for human habitation at a time when the landlord is not in compliance with a requirement imposed by this regulation.

(7) For the purposes of paragraph (6), a landlord—

(a) who has not complied with paragraph (1) is to be treated as in compliance with that paragraph at any time when—

(i) the landlord has obtained an electrical condition report, and

(ii) that report is valid.

(b) who has not complied with paragraph (3)(a) or (4) is to be treated as in compliance with the provision in question from the time the contract-holder is given a copy of the most recent valid electrical condition report;

(c) who has not complied with paragraph (3)(b) or (5) is to be treated as in compliance with the provision in question from the time the contract-holder is given written confirmation of work.

(8) In this regulation—

“electrical safety inspection” (“archwiliad diogelwch trydanol”) means the inspection and testing of every electrical service installation in a dwelling in accordance with the electrical safety standards(4);

“electrical safety standards” (“safonau diogelwch trydanol”) means the standards for electrical service installations set out in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as BS 7671:2018+A1:2020(5);

“electrical service installation” (“gosodiad gwasanaeth trydanol”) means an installation for the supply of electricity; and references to an electrical service installation in a dwelling include, where the dwelling forms part only of a building, an electrical service installation which directly or indirectly serves the dwelling, and which either—

(a)

forms part of any part of the building in which the landlord has an estate or interest, or

(b)

is owned by the landlord or is under the landlord’s control;

“qualified person” (“person cymwysedig”) means a person who is competent to undertake the inspection and testing of an electrical service installation, and any further investigative or remedial work, in accordance with the electrical safety standards;

“written confirmation of work” (“cadarnhad ysgrifenedig o’r gwaith”) means, in relation to investigatory or remedial work, a copy of written confirmation, from a qualified person, that the work in question has been carried out.

Application to converted contracts

7.—(1) This regulation applies in relation to a converted contract.

(2) In regulations 5(1) and 6(1), “period of occupation” means the period—

(a) starting with the day which is 12 months after the conversion date, and

(b) ending when the contract ends.

(3) In regulation 5(2), “period of occupation” means the period—

(a) starting with the conversion date, and

(b) ending when the contract ends.

(4) In regulation 6(3), “occupation date” means the day which is 12 months after the conversion date.

(5) Regulation 6 is to be read as if for paragraph (4) there were substituted—

“(4) Where an electrical safety inspection is carried out after the contract-holder has been given a report in accordance with sub-paragraph (a) of paragraph (3) (as modified by regulation 7(4)), the landlord must ensure that the contract-holder is given a copy of the electrical condition report relating to the inspection before the end of the period of 7 days starting with the day on which the inspection was completed.”

(6) In this regulation, “conversion date”, in relation to a converted contract, means the date on which the tenancy or licence became an occupation contract under section 240 of the Act(6).

Transitional provision relating to regulation 6: pre-existing electrical condition reports

8.  For the purposes of regulation 6(1), it does not matter if the valid electrical condition report was obtained before these Regulations came into force.

Julie James

Minister for Climate Change, one of the Welsh Ministers

7 January 2022