Withholding Rent for Repairs in Wales: Your Rights Explained

If you're renting in Wales and facing issues with disrepair or essential maintenance in your home, it's important to know your rights and the safest legal options available. Many tenants wonder if withholding rent is allowed when repairs aren't done. This guide will walk you through what the law says, which actions are permitted, and which could put your tenancy at risk under Welsh law.

Can You Legally Withhold Rent in Wales for Repairs?

In almost all cases, you should not withhold rent if your landlord fails to make repairs. Under Welsh law, doing so can risk eviction or legal action, even if your repair concerns are valid. Your obligations to pay rent and your landlord’s repair responsibilities are separate. The law expects you to pay rent as usual and seek other remedies to deal with repair issues.

The main tenancy legislation covering these rights and responsibilities is the Renting Homes (Wales) Act 2016 (as amended by the Renting Homes (Amendment) (Wales) Act 2021)^[1].

Your Landlord’s Repair Obligations

Your landlord must keep the structure, exterior, and installations (such as heating, gas, water, and electricity) in good repair under Section 92 of the Renting Homes (Wales) Act 2016. This includes ensuring your home is fit for human habitation.

• The home must be safe, free from damp—or serious hazards, like electrical or fire risks.
• Landlords must act within a ‘reasonable time’ once you report a problem.

What Happens If You Withhold Rent?

If you stop paying rent, your landlord may begin possession (eviction) proceedings against you, regardless of whether there are outstanding repairs. If you fall behind on rent, you may be served a written notice to leave and, if you do not move out, the landlord can seek a court order for your eviction.

Safer Alternatives to Withholding Rent

Instead of withholding rent, renters in Wales have safer, official routes to get repairs addressed:

• Report the problem in writing – Give your landlord written notice of the repairs needed. Keep copies of all correspondence.
• Contact your local council – Councils are responsible for enforcing housing standards. They can inspect your home under the Housing Health and Safety Rating System (HHSRS) and may order the landlord to make repairs.
• Apply to the Residential Property Tribunal Wales if your landlord does not keep your property in a habitable state or address disrepair when required. See more: Residential Property Tribunal Wales.

Your rent should always be paid in full and on time. Taking rent issues into your own hands can seriously affect your security and credit record.

Getting Repairs Done and Recovering Costs

There are circumstances where a tenant can pay for repairs themselves and deduct the cost from future rent, but strict conditions apply. This is known as the "rent deduction process" and should only be done after following the proper steps.

• Notify your landlord in writing about the issue and allow a reasonable time for them to fix it.
• If no action is taken, inform them in writing that you intend to arrange repairs and deduct the cost from rent, giving another reasonable timeframe.
• Keep all quotes, invoices, and correspondence as evidence.
• This approach should only be considered for urgent health or safety concerns, and you may want to seek legal advice or support first.

Official guidance about this process is available via Welsh Government Renting Homes FAQ.

Relevant Forms and How to Use Them

• Property Condition and Disrepair Complaint (Online): Used to notify your local authority if your landlord is not addressing essential repairs. Example: If your landlord ignores your reports about major damp or heating failure, submit a complaint through your council’s housing team. See more and submit via your local council's website.
• Application to the Residential Property Tribunal Wales – Fitness for Human Habitation (no form number): Used when you need the tribunal to decide on unresolved repair or property safety issues. Example: If your home remains damp or unsafe and your landlord refuses to act, submit an application via the official application process.

Steps to Take if Repairs Are Not Carried Out

Summary: If repairs are not dealt with by your landlord after following the proper steps, you have official avenues for complaint and legal action.

• Write to your landlord, describing the issue and asking them to fix it. Allow reasonable time.
• If repairs are not made, report the issue to your local council’s environmental health or private housing team.
• If needed, apply to the Residential Property Tribunal Wales to force repairs or seek compensation.

FAQs: Withholding Rent and Repair Disputes

1. Can my landlord evict me if I withhold rent in Wales?
   Yes, your landlord can take legal action to evict you if you fall behind on rent, even for repair-related reasons. Always seek safer alternatives if repairs are needed.
2. Are there any situations where I can stop paying rent for disrepair?
   It is almost never advisable. There are extremely limited circumstances under the law called the "repair and deduct" process, but strict steps and documentation are required. Seek advice before considering this option.
3. How can I report my landlord for not completing essential repairs?
   Contact your local council’s housing enforcement team online or by phone. They can inspect your property, issue improvement notices, and require your landlord to carry out repairs.
4. What tribunal handles repair disputes for Welsh renters?
   The Residential Property Tribunal Wales handles disputes about property condition, rent, and other tenancy issues in Wales.
5. How long should I wait before escalating a repair issue?
   After reporting, landlords should act within a ‘reasonable time’ (often 14-28 days for non-urgent repairs). For urgent or health/safety issues, act immediately and contact the council if unsafe.

Need Help? Resources for Renters in Wales

• Welsh Government Renting Homes: Guidance for Contract Holders
• Residential Property Tribunal Wales – For applications on property standards and repair disputes
• Find your local council in Wales (report disrepair or ask for an inspection)
• Shelter Cymru – Repairs and Housing Conditions Advice

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1. [1] Renting Homes (Wales) Act 2016 (as amended by the 2021 Act)
2. [2] Official Welsh Government Repairs Guidance
3. [3] Residential Property Tribunal Wales

Key takeaways:

• Withholding rent for repairs in Wales puts your tenancy at risk; always use official channels first.
• Keep records of all requests for repairs and report ongoing problems to your council and, if needed, the Tribunal.
• Check up-to-date government advice and consider legal support for complex cases or where safety is at risk.

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