What Basic Safety Precautions Am I Required to Provide in Wales, UK

For landlords in Wales, providing safe and healthy homes is not just best practice—it’s a legal requirement. The Renting Homes (Wales) Act 2016 sets clear obligations to ensure rented properties are fit for human habitation, supported by a range of specific safety requirements.

Landlords must meet these standards to protect tenants, avoid legal penalties, and maintain a professional reputation. Understanding what is required is essential for any responsible landlord.

Fit for Human Habitation

At the core of the legal framework is the duty to ensure every rented property is fit for human habitation throughout the term of the occupation contract.

This means the dwelling must be:

• Free from serious hazards.
• Structurally stable.
• Weatherproof and dry.
• Free from dampness and mould that could harm health.
• Equipped with adequate heating, lighting, ventilation, and water supply.
• Free from pests and vermin.
• Provided with sufficient facilities for preparing and cooking food.
• Safe from fire, electrical, and gas risks.

Suppose a property falls short in any of these areas. In that case, it may be deemed unfit for human habitation, making the landlord liable for enforcement action and potential legal claims from tenants.

Legal Standards Under the Renting Homes (Wales) Act 2016

The Renting Homes (Wales) Act 2016 imposes an ongoing legal duty on landlords to maintain homes to this standard.

This duty cannot be avoided by contract or by agreement with the tenant.

Landlords must carry out repairs and improvements as needed to maintain the property’s fitness for habitation.

Failing to comply may allow the contract holder to apply to the court for an order to enforce repairs or even for compensation.

Electrical Safety

Electrical safety is a core part of the fitness duty.

Landlords must ensure that the electrical installation in the dwelling is safe for use.

A key requirement is the Electrical Installation Condition Report (EICR).

This is a formal inspection and testing report provided by a qualified electrician, confirming whether the electrical installation is safe and compliant.

Landlords must:

• Obtain an EICR at least every five years.
• Please provide a copy of the report to new contract-holders before they move in.
• Supply the report to existing contract-holders within seven days of request.
• Address any faults identified in the report promptly.

This requirement is crucial for reducing the risk of electrical fires, shocks, and injuries.

Gas Safety Certificate

If the property has gas appliances or a gas supply, landlords must:

• Arrange an annual gas safety check by a Gas Safe registered engineer.
• Obtain a valid Gas Safety Certificate confirming the check has been passed.
• Please provide a copy of the certificate to new contract holders before they move in.
• Provide existing contract holders with a copy within 28 days of the annual review.

Failure to carry out these checks can lead to severe penalties and risk to tenant safety, including carbon monoxide poisoning and gas leaks.

Energy Performance Certificate (EPC)

An Energy Performance Certificate (EPC) is required for all rented properties.

Landlords must:

• Have a valid EPC before marketing the property for rent.
• Provide a copy of the EPC to new tenants at the start of the contract.
• Ensure the property meets the minimum energy efficiency standard (typically at least band E, subject to certain exemptions).

The EPC helps tenants understand the property’s energy efficiency and its expected energy costs.

Smoke Alarms

Fire safety is a legal requirement under the Renting Homes (Wales) Act 2016.

All landlords must ensure that:

• Hard-wired smoke alarms are installed on every storey of the dwelling used wholly or partly as living accommodation.
• These alarms are interlinked where required and comply with Building Regulations standards.

Hard-wired alarms provide reliable, tamper-resistant protection, ensuring tenants receive an early warning in the event of a fire.

Carbon Monoxide Detectors

To protect against carbon monoxide poisoning, landlords must install carbon monoxide detectors in:

• Every room contains a solid fuel-burning appliance (such as a wood-burning stove or coal fire).
• This includes open fireplaces where solid fuel could be burned.

These detectors can be battery-powered, but they must meet required safety standards and be maintained in working order.

Compliance Deadlines

When the Renting Homes (Wales) Act 2016 came fully into force, specific safety requirements had staggered compliance deadlines.

For new contracts starting on or after December 1 2022, landlords had to comply immediately with all safety requirements, including:

• Hard-wired smoke alarms.
• Carbon monoxide detectors.
• Electrical safety checks.

For converted existing tenancies (which automatically became occupation contracts on December 1 2022):

• Landlords were given until December 1, 2023, to upgrade properties to meet these specific safety standards.

This transition period recognised the practical challenges of retrofitting safety equipment into existing tenancies while ensuring clear compliance deadlines.

Ongoing Maintenance

Installing alarms and getting certificates is only part of the duty. Landlords must also:

• Test smoke and carbon monoxide alarms at the start of each new contract.
• Maintain them in good working order throughout the tenancy.
• Respond to reports of faults promptly.
• Perform repairs or replacements as necessary.

Failure to maintain safety devices can make the property unfit for human habitation, exposing landlords to enforcement action and claims.

Fire Safety Measures

Beyond the minimum requirements, landlords must consider all fire safety risks.

Best practices include:

• Providing clear escape routes.
• Ensuring fire doors and safety lighting in HMOs.
• Using fire-retardant materials for furnishings.
• Giving tenants fire safety information.

For houses in multiple occupations (HMOs), additional legal requirements often apply, such as fire risk assessments and extra safety measures.

Local Authority Enforcement

Local authorities in Wales have powers to enforce these safety standards.

They can:

• Inspect properties.
• Issue improvement notices requiring repairs or upgrades.
• Prohibit the use of unsafe dwellings.
• Prosecute landlords for serious breaches.
• Impose fines and civil penalties.

They also work with Rent Smart Wales to ensure landlords and agents are trained and licensed to manage properties responsibly.

Role of Rent Smart Wales

Rent Smart Wales is responsible for registering and licensing landlords and agents.

To get or renew a license, landlords must:

• Complete approved training that covers safety obligations.
• Demonstrate understanding of legal responsibilities.
• Commit to maintaining safe and compliant properties.

Failure to comply with licensing requirements can result in fines and a ban on managing rental properties.

Tenant Rights

Tenants in Wales have strong rights to live in safe, healthy homes.

They can:

• Request evidence of gas safety, electrical safety, and EPCs.
• Report unsafe conditions to the landlord or agent.
• Complain to the local authority if issues are not resolved.
• Take legal action for breach of the duty to ensure fitness for human habitation.
• Apply for rent repayment orders or compensation in cases of serious misconduct.

Best Practice for Landlords

Professional landlords should:

• Schedule annual gas safety checks well in advance.
• Keep EICRs up to date every five years.
• Install and test smoke and carbon monoxide alarms regularly.
• Retain copies of all certificates and reports.
• Provide tenants with clear information about safety features.
• Respond quickly to repair requests or safety concerns.
• Stay informed about changes to safety regulations.

Importance of Safety Compliance

Providing a safe home is the foundation of the landlord-tenant relationship.

It:

• Protects tenants’ health and lives.
• Reduces the risk of fires, injuries, and fatalities.
• Prevents costly legal disputes.
• Maintains a good reputation for landlords.
• Ensures compliance with the law and licensing conditions.

Ignoring safety obligations is not only unprofessional—it can have life-or-death consequences.

External Useful Links

• Welsh Government Renting Homes Guidance: www.gov.wales/renting-homes
• Rent Smart Wales: www.rentsmart.gov.wales
• Shelter Cymru – Tenant and Landlord Advice: www.sheltercymru.org.uk
• Citizens Advice Wales – Housing Help: www.citizensadvice.org.uk/wales
• Law Wales – Renting Homes Act Overview: law.gov.wales/housing-and-local-services/renting-homes
• Renting Homes (Wales) Act 2016 – Full Legislation: www.legislation.gov.uk/anaw/2016/1/contents

FAQs

What does “fit for human habitation” mean?

It means the property must be safe, healthy, and free from serious hazards for tenants to live in.

What is an EICR?

An Electrical Installation Condition Report confirming that the electrical system is safe. Required every five years.

What is a Gas Safety Certificate?

A document confirming a qualified engineer has checked all gas appliances and supplies for safety is required annually.

What is an EPC?

An Energy Performance Certificate showing the property’s energy efficiency. Must be provided to tenants at the start of the contract.

Do I need smoke alarms?

Yes. Hard-wired smoke alarms are required on every storey used for living accommodation.

Do I need carbon monoxide detectors?

Yes, in every room with a solid fuel appliance, such as a wood-burning stove or coal fire.

What were the compliance deadlines?

New contracts effective from December 1, 2022, had to be complied with immediately. Existing tenancies converting to occupation contracts had until December 1, 2023, to meet the new standards.

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