Unfit – no rent payable !!!
The Act comes into force on 1 December 2022. These duties apply from the occupation date of all new contracts issued under The Act and BEFORE a contract-holder moves in.
Under this Act a property will not be considered fit for human habitation if the property does not have:
- Mains interlinked smoke alarms on each storey of the dwelling
- A carbon monoxide alarm in each room which contains a gas appliance, an oil-fired combustion appliance or a solid fuel burning combustion appliance, and
- The electrical service installations must be safety inspected, in accordance with the British Standard BS7671, by a qualified person at intervals of 5 years. A copy of the condition report setting out the results of an electrical safety inspection must be given to the contract-holder, together with written confirmation of all investigatory and remedial work carried out on the electrical service installation as a result of an inspection.
For tenancies converted to a standard occupation contract on the 1 December 2022 your rental must be in good repair and fit for human habitation. As long as your Electrical Installation is safe and your property is not high risk for fire you have until the 1 December 2023 to arrange electrical safety testing and to install smoke alarms.
However, this exemption does not apply once the converted contract ends (because once vacant you can do the work before re-letting).
For all contracts from the 1 December 2022 there must be a carbon monoxide alarm present in each relevant room; there is no exception to this requirement even if you have a converted contract.
Occupation contracts will usually contain a term which states that a contract-holder is not required to pay rent in respect of any day or part day during which the dwelling is unfit for human habitation
MLS
Here an MLS we are regularly instructed by landlords to advise on compliance and possession claims. If you have any questions please contact us on 01244 478 730 , 01437 763011 or 07581096713 and we will be happy to help.
Useful links:
https://gov.wales/fitness-homes-human-habitation-guidance-landlords-html
https://gov.wales/fitness-human-habitation-guidance-tenants-contract-holders-html#2
This article is for information purposes only and does not constitute legal advice. Please contact us for advice.
