Renting Homes Wales Act (2016) - UPDATE 03.05.2022

Under the Renting Homes Wales Act (2016) new regulations regarding electrical, fire, and carbon monoxide (CO) safety are being introduced. The act clarifies which rooms require a CO detector and who is responsible for their installation and maintenance. Additionally, it changes when fire alarms and gas safety needs to be checked and renewed. CO detector regulations will become a legal requirement on the 15th of July 2022 with other regulations coming into effect following that date so landlords will need to make sure they comply with the new rules.

Required carbon monoxide detectors

According to the Renting Homes Wales Act (2016) a CO detector needs to be installed in every room where there is a fuel source. It includes any room with an appliance that uses natural gas, flammable oils, or solid fuels. This is part of the ‘Fitness for Human Habitation’ requirements and the Landlord will be held responsible if CO detectors are not installed. Additionally, CO detectors need to be checked and tested at least every 5 years by the landlord or their representative to make sure they are in working order.

As stated in the introduction, the CO detectors need to be installed before the 15th of July 2022. From that date, any property that does not have carbon monoxide detectors installed will not meet the ‘‘Fitness for Human Habitation’ requirements. It is important to note that landlords cannot collect rent on any property deemed not fit for human habitation. 

Fire safety changes

Another piece of safety regulations that have changed is when fire alarms need to be fitted and checked. Firstly, for all new tenancies signed on or after the 15th of July 2022, a smoke alarm that is connected to mains power must be installed and checked. There must be at least one smoke detector installed per storey and these alarms must be interlinked. Along with these two factors it must also be ensured that the smoke detector is in working order for the full duration of the tenancy. The landlord does not however have to test the smoke detectors so long as they are in working order. 

If a fixed-term contract was signed before the 15th of July 2022 and becomes periodic after its renewal, the smoke alarms must be checked by the 15th of July 2023 or the periodic date, whichever comes first. If the tenancy is periodic before the 15th of July 2022 the smoke alarm needs to be checked on the 15th of July 2023.

Electrical safety reports

The new fitness for human habitation guidelines now also require that an electrical safety report is carried out on rented properties. An electrical safety report is a report that details the conditions of all electricals and wiring in a property and must be carried out by a qualified professional. These reports will be valid for five years unless an expiry date of lower than five years is specified in the report. 

Electrical safety reports will apply in the same way that the fire safety requirements are. For all new tenancies after the 15th of July 2022, an electrical safety report is required. And for contracts that become periodic after the 15th of July 2022, they need to be carried out by the periodic date or the 15th of July 2023, whichever comes first.

If a contract-holder is in occupation and an electrical report is completed, the landlord must give that new report to the contract-holder within seven days of the inspection.

If you are a landlord, we want to make sure your property meets the new fit for human habitation regulations, we will work with you to ensure you are compliant. You can get in touch with us for more information by calling 01656 657033 or email lettings@smart-lettings.co.uk.