Suing for Disrepair: Your Rights as a Tenant in Wales

If you're a renter in Wales and your home has not been kept in good repair, you have legal rights that protect you. Laws in Wales set minimum standards for rented properties and give tenants ways to seek repairs or, if needed, take legal action for disrepair. Understanding your rights is the first step in resolving these problems and ensuring your home is safe and comfortable.

What Is "Disrepair" in a Rented Home?

Disrepair means your home has problems that your landlord is legally required to fix. Under the Renting Homes (Wales) Act 2016 and later regulations, all landlords must keep their properties in good repair and ensure homes meet the fitness for human habitation standard. Disrepair can include:

• Leaking roofs, windows, or pipes
• Unsafe gas, electricity, or heating
• Damp, mould, or condensation
• Broken appliances provided by the landlord
• Structural issues (e.g., cracks, unsafe stairs)

If the issue makes your home unsafe to live in, it may breach your landlord's legal responsibilities.

When Can a Tenant Sue for Disrepair in Wales?

Before considering court action, tenants must first:

• Notify the landlord about the disrepair, ideally in writing
• Give a reasonable amount of time for the landlord to fix the problem
• Record all communications and take photos or videos of the disrepair

If the landlord does not respond or refuses to carry out repairs, you may have the right to claim compensation or force action through legal channels.

Key Legislation

• Renting Homes (Wales) Act 2016
• The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022

Official Forms and How to Use Them

If your landlord does not fix serious hazards or you need to escalate the issue, official processes and forms are available:

• RHW37: Application for Rent Repayment Order
  RHW37 form is used if your landlord has failed to repair or breaches letting standards. For example, you might complete RHW37 if your landlord ignored multiple written requests to repair faulty heating. The form is used to apply to the Residential Property Tribunal Wales for compensation or a rent repayment order.
• Fitness for Human Habitation Complaint (Council)
  Contact your local council's Environmental Health team to report that your landlord is not keeping your home safe or habitable. There is typically an online complaint form or email address on your council’s website (e.g., report unsatisfactory housing conditions).

Which Tribunal Handles These Cases?

In Wales, tenancy disputes, including disrepair claims, are handled by the Residential Property Tribunal Wales. You can apply directly, often after contacting your landlord and, if appropriate, the council.

How to Start a Disrepair Claim in Wales: Step-by-Step

• Gather evidence: Take photographs, keep all correspondence, and collect medical evidence if relevant (for example, if mould is affecting your health).
• Write to your landlord: Notify them about the issue and request repairs. Keep a record of your letters and emails.
• Allow reasonable time: Legally, your landlord must respond and act within a reasonable period, depending on the severity.
• Contact your council: If urgent hazards exist, contact Environmental Health for an inspection.
• Submit a tribunal application (e.g., RHW37), providing your evidence and details of attempts to resolve the matter.

Your Rights and Possible Outcomes

Tenants have the right to:

• See essential repairs carried out within a reasonable timeframe
• Be compensated if disrepair has caused inconvenience, damage to belongings, or health issues
• Live in a property that is fit for human habitation

The Residential Property Tribunal Wales can order your landlord to carry out repairs and, in some cases, award compensation or issue a rent repayment order.

FAQ: Disrepair Claims in Wales

1. How long does my landlord have to fix urgent repairs?
   For urgent repairs that affect health or safety, landlords must act within a "reasonable" period—often 24-48 hours. Less urgent issues may allow longer, but standards apply under the Renting Homes (Wales) Act 2016.
2. Can I withhold rent if my home is in disrepair?
   No, withholding rent can put you at risk of eviction. Instead, follow proper steps: notify your landlord, involve the council, and consider tribunal action if issues are not fixed.
3. What evidence do I need to make a successful disrepair claim?
   Useful evidence includes photos, dated correspondence, independent reports (like from Environmental Health), and receipts for damaged personal property.
4. What if my landlord tries to evict me after I complain?
   Retaliatory eviction because you complained about disrepair is restricted under current Welsh law. Contact Shelter Cymru for support if you feel at risk.
5. Is there a time limit to bring a disrepair claim?
   You generally have up to 6 years to claim for breach of contract or disrepair. However, act sooner for current problems and safety concerns.

Conclusion: What Tenants Should Remember

• Your landlord must keep your home safe and in good repair under Welsh law
• Document all communications and take early action for unresolved issues
• Use official channels such as the council and tribunal if informal requests fail

Understanding your rights empowers you to act confidently if your landlord does not fulfil their responsibilities.

Need Help? Resources for Renters

• Shelter Cymru – Free legal housing advice for tenants
• Welsh Government Housing Directorate
• Residential Property Tribunal Wales – Official tribunal for housing disputes
• Welsh Government: Fitness for Human Habitation Guidance
• Contact your local council's Environmental Health team if your rental is unsafe or unfit

---

1. Renting Homes (Wales) Act 2016
2. The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022
3. Residential Property Tribunal Wales
4. Welsh Government – Fitness for Human Habitation

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation