Fitness for human habitation
The Welsh Housing Quality Standard 2023, published by the Welsh Government in October 2023, states in relation to fitness for human habitation (FFHH) requirements:
Under the Renting Homes (Wales) Act 2016, landlords (private and social sectors) must ensure that the dwelling is FFHH on the date of occupation by tenant/s, and throughout the term of the occupation contract (tenancy agreement). Landlords are also required to keep the dwelling in good repair, including the structure and exterior of the dwelling as well as the service installations. The FFHH requirements under the 2016 Act and associated regulations include reference to the 29 prescribed hazards (matters and circumstances) set out in Schedule 1 of the Housing Health and Safety Rating System (Wales) Regulations 2006. The FFHH obligation provides a remedy for contract holders to address concerns regarding the quality of their accommodation that fall outside the landlord’s repairing obligations. It is for the courts to determine whether a dwelling is FFHH. The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2021 may result in case law that modifies the application of the HHSRS. Landlords should ensure their interpretation of the application of the HHSRS is up to date with any such case law.
In addition to the Housing health and safety rating system (HHSRS), landlords will be required to attain to specific requirements for the installation of smoke alarms,carbon monoxide detectors and electrical safety testing for the purposes of satisfying FFHH obligations.
See also: Homes (Fitness for Human Habitation) Act 2018.
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- Homes (Fitness for Human Habitation) Act 2018.
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