Property Uninhabitable at Move-In in Wales: What To Do

If you move into a rented home in Wales and find it uninhabitable, act quickly and calmly to protect your health and your rights as a tenant. Start by telling your landlord or letting agent in writing, collect clear photos and videos of the problems, keep receipts for any emergency spending and note dates and times of conversations. You may need help from your local council for serious hazards, and the First-tier Tribunal (Property Chamber) can deal with some disputes if the landlord does not act. This page explains practical steps, the official bodies to contact, relevant legislation and the forms or templates tenants commonly use so you can resolve problems and, if necessary, pursue remedies safely.

What to do first

• Contact the landlord or letting agent immediately and describe the problem in writing.
• Take dated photos and videos of damp, mould, no heating, unsafe wiring or other hazards as evidence.
• Keep records of calls, messages and receipts for emergency purchases or temporary accommodation.
• If the property is truly unsafe, consider temporary alternative accommodation and note any extra costs.

How to report the problem in writing

Send a concise written repair request to the landlord or agent, describe each issue, attach photos and set a reasonable deadline for repairs. You can use the guidance and templates on GOV.UK to structure your letter and include a clear request for action and a deadline.^[4] If the landlord responds, keep their reply. If they do not respond or refuse to act, tell them you will contact the local authority housing department and consider a tribunal application.

Council enforcement and urgent hazards

Local authorities in Wales can inspect homes and use powers to require landlords to fix hazards under statutory housing law; these can include improvement notices, prohibition orders or emergency remedial action. If a hazard threatens health or safety, contact your local council’s housing enforcement team and ask for an inspection. The relevant national legislation affecting tenancies in England and Wales includes the Housing Act 1988 and the Rent Act 1977, which set out many tenancy rights and remedies.^[1][2]

When to use official forms or templates

Tenants rarely need a formal statutory form to request repairs; a clear written letter or email is usually enough. If you escalate, use the council’s online reporting process for hazards or the tribunal’s application process if you are seeking remedies like rent repayment or orders to compel repairs. Examples:

• Repair request letter (no fixed national form): use a dated written letter or email to the landlord. Example: "I reported damp on 10 March with photos attached and ask for repair by 24 March." This is the first practical step and becomes formal evidence.
• Application to the First-tier Tribunal (Property Chamber): use the tribunal guidance to submit an application for certain disputes if the landlord does not act. Example: applying for an order after failed repairs and council action.
• Local council complaint/report forms: each council has its own reporting process for housing hazards; use the council portal to request an inspection if hazards are serious.

Rent, deposits and withholding payments

Withholding rent is risky and can lead to eviction; do not withhold rent without legal advice. If you pay a deposit, check it is in a Government-approved Tenancy Deposit Protection scheme and raise disputes via the scheme or the First-tier Tribunal if needed. If you have emergency costs because the property is unusable, keep receipts and ask the landlord to reimburse them in writing; you can use this evidence in any dispute process.

Appeals and the tribunal

If the landlord refuses reasonable repair requests and council enforcement does not resolve the issue, you can consider applying to the First-tier Tribunal (Property Chamber) for remedies such as orders to carry out repairs or compensation. The tribunal handles residential property disputes in England and Wales and explains how to apply on GOV.UK.^[3]

FAQ

Can I refuse to move into a rented property that is clearly unsafe?

If the property poses a health or safety risk, do not live there until it is made safe; tell the landlord in writing and consider contacting the council for an inspection.

Can I withhold rent while repairs are carried out?

Withholding rent can lead to eviction proceedings; seek advice before stopping payments and explore alternatives such as asking for a rent reduction in writing or seeking compensation through the tribunal.

Who inspects the property for serious hazards?

Your local council’s housing enforcement team inspects and can issue notices to require repairs or order emergency action.

How-To

1. Write to your landlord immediately, describe the defect, attach dated photos and ask for repairs within a clear timeframe.
2. Collect evidence: take photos, videos, keep receipts and keep a written log of all contacts and dates.
3. Submit a formal repair request or complaint to the local council if the issue is dangerous and the landlord does not act.
4. If unresolved, consider applying to the First-tier Tribunal (Property Chamber) with your evidence and council findings.
5. Keep all bills and claim back reasonable costs or compensation through the appropriate scheme or tribunal process.

Key Takeaways

• Act quickly, document everything and make a written repair request to the landlord.
• Contact your local council for serious hazards and use their inspection powers where necessary.
• Use the First-tier Tribunal if informal steps and council action do not resolve the problem.

Help and Support / Resources

• Welsh Government: Renting a home in Wales
• Rent Smart Wales
• First-tier Tribunal (Property Chamber) guidance

1. [1] Housing Act 1988
2. [2] Rent Act 1977
3. [3] First-tier Tribunal (Property Chamber) guidance (GOV.UK)
4. [4] How to get repairs done in a rented property (GOV.UK)
5. [5] Welsh Government: Renting a home in Wales
6. [6] Rent Smart Wales