Suing for Health Hazards in Welsh Rental Properties: Your Rights Explained

If you’re renting a property in Wales and are worried about damp, mould, unsafe electrics, or other hazards affecting your health, you may wonder what legal steps you can take. Understanding your rights and the procedures for claiming against your landlord is crucial—especially as health and safety standards for rented homes have recently changed under Welsh law.

Understanding Health Hazards in Rental Properties

Health hazards in a rental can include issues like persistent damp, mould, pest infestations, faulty gas or electrical installations, or inadequate fire safety. These hazards may cause illness or pose risks to your life and wellbeing.

Landlords in Wales are legally responsible for keeping rental homes safe and fit to live in. This responsibility is set out in the Renting Homes (Wales) Act 2016¹, which introduced new fitness standards as of 2022. If your landlord fails to address serious hazards or refuses to carry out repairs, you may be entitled to take action—ranging from reporting them to your local authority to making a court claim for damages.

Your Landlord’s Legal Duties in Wales

Under current Welsh law, your landlord must:

• Keep the structure and exterior of the property in good repair
• Ensure all gas and electrical systems are safe and checked regularly
• Provide working smoke alarms, carbon monoxide detectors, and fire-safe furniture
• Remove or resolve hazards that could affect your health, such as excess damp, dangerous fittings, or infestations
• Comply with the fitness for human habitation standards

If these requirements are not met, your first step should be to inform your landlord in writing and give them reasonable time to fix the issue. Always keep records of your contact and any evidence (photos, reports, doctor’s notes).

What to Do if Your Landlord Ignores Health Hazards

If your landlord does not carry out essential repairs or fails to make your home safe, you have several options:

• Contact your local council’s Environmental Health Team: They can inspect your property and use enforcement powers if hazards are found. Find your local Welsh council for details.
• Apply for a Rent Repayment Order (RRO): In certain cases, you can recover rent if your landlord has committed a housing offence, such as failing to comply with HMO licensing or prohibition orders.
• Take legal action: You may be able to start a civil claim for compensation if you suffered harm or loss due to your landlord’s neglect. The Civil Justice (County Court) handles such cases in Wales.

Which Official Forms Might You Need?

• N1 Claim Form – County Court Claim
  Form N1 Claim Form is used if you want to claim compensation from your landlord (for example, for personal injury or costs caused by disrepair). You’ll need to outline your case and attach evidence.
  Example: You suffered asthma attacks due to unaddressed mould. Use Form N1 to start a compensation claim in the County Court.
• HHSRS Complaint – Council Inspection
  There’s no single form, but most councils have online portals to report housing hazards under the Housing Health and Safety Rating System (HHSRS). Learn about HHSRS in Wales.
  Example: You report persistent leaks to your council using their online repairs complaint process.
• Rent Repayment Order (RRO) Application
  For some situations (e.g. unlawful eviction with a hazard), you may apply for an RRO at the First-tier Tribunal (Property Chamber), though in Wales these are handled by the County Court.
  Example: Your landlord ignored a prohibition order and you apply for a RRO to claim back rent paid during the unsafe period.

If you’re unsure, contact your local council or seek advice before starting a claim.

Relevant Housing Tribunal and Legislation in Wales

In Wales, the County Court hears cases relating to housing disrepair or claims against landlords. The key legislation is the Renting Homes (Wales) Act 2016¹. For fitness standards, see the Welsh Government’s guidance on fitness for human habitation for full requirements.

FAQ: Renter Questions About Health Hazards and Legal Action

1. What qualifies as a health hazard in a Welsh rental?
   Health hazards include serious damp and mould, unsafe electrics or gas, infestation, fire risks, and issues making your home unfit to live in.
2. Should I move out if my rental is unsafe?
   If your health is at immediate risk, seek alternative accommodation and inform your council. Document everything; don’t stop paying rent unless advised by a qualified adviser.
3. Can I claim rent back if my landlord ignored hazards?
   You may be eligible for a Rent Repayment Order (RRO) or compensation claim if your landlord breached certain legal duties. Seek advice first.
4. How do I collect evidence of health hazards?
   Take photos, keep maintenance requests, record correspondence, and get medical or professional reports where possible.
5. What if I can’t afford court fees?
   If you’re on a low income or benefits, you may qualify for a fee exemption using the EX160 'Help with Fees' form.

Need Help? Resources for Renters in Wales

• Find your local council’s housing team – report hazards or seek enforcement
• Welsh Government: Renting in Wales – guidance for renters
• Shelter Cymru Repairs and Conditions Advice – expert support and legal help
• County Court Wales – information and contact
• N1 Claim Form – official court application to claim against a landlord
• EX160 – Help with Court Fees – apply for fee exemption

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1. Renting Homes (Wales) Act 2016 – The main tenancy and housing standards law in Wales.
2. Fitness for human habitation in rented housing (Welsh Government) – Official guidance for landlords and tenants.
3. Form N1 – Claim form (CPR Part 7) – To start a court claim for compensation.
4. EX160 – Apply for Help with Court Fees.

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