Pest problems in rented homes are treated differently across the UK. In England, councils assess them through the Housing Health and Safety Rating System, as explained in the site’s guide to pest infestation in a rented home in England. In Wales, a separate law applies: the Renting Homes (Wales) Act 2016, under which a landlord must keep a home “fit for human habitation”. This article explains how pests fit into that Welsh framework, using Welsh Government guidance. It applies to Wales only.
The landlord’s duty under section 91
Section 91 of the Renting Homes (Wales) Act 2016 says the landlord under a secure contract, a periodic standard contract or a fixed term standard contract made for less than seven years must ensure the dwelling is fit for human habitation on the occupation date and for the duration of the contract. Where the dwelling is part of a building, the duty includes the structure and exterior of the building and the common parts. The section is a “fundamental provision”, incorporated into these contracts as a term.
The Welsh Government’s tenant guidance says the duty is in addition to the right to have repairs carried out, and does not apply to fixed term contracts of seven years or more. It also states that a landlord cannot ask the contract-holder to do something to make the dwelling fit where the problem is not the contract-holder’s fault.
Where pests appear in the 29 matters
Section 94 requires the Welsh Ministers to prescribe the matters to be considered when deciding fitness. They did so in the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, which list 29 matters and circumstances that a landlord must have regard to. Pests fall under Matter 15, “Domestic hygiene, pests and refuse”. The Welsh Government’s landlord guidance says this matter is concerned with protection against infection and includes hazards from poor design, layout or construction that makes the dwelling hard to keep clean, access into and harbourage within the dwelling for pests, and inadequate provision for storing and disposing of household waste.
The guidance lists causes that a landlord should check. They include refuse stored inadequately or allowed to accumulate, giving access to insects, rodents, birds, squirrels, foxes, cats and dogs; service ducts and holes around pipes that harbour insects and give access between dwellings in blocks; access to open drains by rodents; ill-fitting doors and windows; cracked internal walls or ceilings; and missing or damaged brickwork, including airbricks, and other disrepair to external walls and roofs. The potential landlord actions it lists include reducing or eliminating the means of pest access into the building.
What a contract-holder can do
The Welsh Government guidance for contract-holders says that where someone is unsure whether a problem makes the home unfit, they should raise the concern with the landlord first. If there is disagreement, they can seek advice from Citizens Advice, Shelter Cymru or possibly their local council, which may contact the landlord on their behalf. The guidance also describes further options, and is careful about their risks:
- Withholding rent. Occupation contracts will usually contain a term that no rent is due for any day the dwelling is unfit. The guidance warns that a landlord and ultimately a court may disagree that the home is unfit, so the contract-holder could end up in arrears and possibly subject to possession proceedings, and suggests setting the rent aside rather than spending it. Anyone receiving Housing Benefit or the housing element of Universal Credit is told to seek advice about the effect on benefits.
- Court action. A contract-holder may ask the court to decide whether the dwelling is fit for human habitation, and may need evidence such as a report from a suitable expert.
The guidance also lists circumstances where a landlord is not in breach, including where the dwelling cannot be made fit at reasonable expense, and where the contract-holder and landlord disagree the contract-holder can ask the court to decide.
Evidence that helps
Because fitness turns on access, harbourage and hygiene, records that show where pests entered and how the problem developed are more useful than a description of the pest alone. The site’s guide to reporting the problem and establishing responsibility and its guide to evidence to gather before a follow-up set out what to record.
Frequently asked questions
Are pests specifically named in the Welsh rules? Yes. Matter 15 is headed “Domestic hygiene, pests and refuse”.
Does this apply in England or Scotland? No. This is the Welsh regime; England and Scotland use different frameworks.
The bottom line
In Wales, a landlord under most occupation contracts must keep the home fit for human habitation throughout the contract, and pest access, harbourage and poor waste storage are considered under Matter 15 of the 2022 Regulations. A contract-holder should raise the problem with the landlord first, and can seek advice from Citizens Advice, Shelter Cymru or the council; withholding rent carries risks that the Welsh Government guidance spells out. This is general information, not legal advice.
Sources
- Welsh Government, “Fitness of homes for human habitation: guidance for landlords” (gov.wales)
- Welsh Government, “Fitness for human habitation: guidance for tenants (contract holders)” (gov.wales)
- legislation.gov.uk, “Renting Homes (Wales) Act 2016, section 91 (Landlord’s obligation: fitness for human habitation)”
- legislation.gov.uk, “Renting Homes (Wales) Act 2016, section 94 (Determination of fitness for human habitation)”