Renting Homes (Wales) Act 2016 (anaw1)

PART 4 E+W CONDITION OF DWELLING

CHAPTER 2 E+W CONDITION OF DWELLING(THIS CHAPTER APPLIES TO ALL SECURE CONTRACTS, ALL PERIODIC STANDARD CONTRACTS, AND ALL FIXED TERM STANDARD CONTRACTS MADE FOR A TERM OF LESS THAN SEVEN YEARS)

Landlord's obligations as to condition of dwelling E+W

94 Determination of fitness for human habitation E+W

(1) The Welsh Ministers must prescribe matters and circumstances to which regard must be had when determining, for the purposes of section 91(1), whether a dwelling is fit for human habitation.

(2) In exercising the power in subsection (1), the Welsh Ministers may prescribe matters and circumstances—

(a) by reference to any regulations made by the Welsh Ministers under section 2 of the Housing Act 2004 (c. 34) (meaning of “category 1 hazard” and “category 2 hazard”);

(b) which may arise because of a failure to comply with an obligation under section 92.

(3) The Welsh Ministers may by regulations—

(a) impose requirements on landlords for the purpose of preventing any matters or circumstances which may cause a dwelling to be unfit for human habitation from arising;

(b) prescribe that if requirements imposed under paragraph (a) are not complied with in respect of a dwelling, the dwelling is to be treated as if it were unfit for human habitation.

Commencement Information

I1 S. 94 in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(a), Sch. Pt. 1

I2 S. 94 in force at 1.12.2022 in so far as not already in force by S.I. 2022/906, art. 2