Renting Homes (Wales) Act 2016

94 Determination of fitness for human habitation

(1) The Welsh Ministers must prescribe matters and circumstances to which regard must be had when determining, for the purposes of section 91(1), whether a dwelling is fit for human habitation.

(2) In exercising the power in subsection (1), the Welsh Ministers may prescribe matters and circumstances—

(a) by reference to any regulations made by the Welsh Ministers under section 2 of the Housing Act 2004 (c. 34) (meaning of “category 1 hazard” and “category 2 hazard”);

(b) which may arise because of a failure to comply with an obligation under section 92.

(3) The Welsh Ministers may by regulations—

(a) impose requirements on landlords for the purpose of preventing any matters or circumstances which may cause a dwelling to be unfit for human habitation from arising;

(b) prescribe that if requirements imposed under paragraph (a) are not complied with in respect of a dwelling, the dwelling is to be treated as if it were unfit for human habitation.