Key takeaways
- Welsh rented homes must have mains-powered, interlinked smoke alarms on every storey
- Carbon monoxide alarms are needed where there is a gas, oil or solid-fuel appliance
- Electrical installations must be tested at least every five years
- Private landlords must register with Rent Smart Wales, and HMOs bring extra duties
- The Welsh rules go further than England's on smoke alarms
The Renting Homes (Wales) Act 2016
The Renting Homes (Wales) Act 2016 came into force on 1 December 2022. It replaced most tenancies in Wales with occupation contracts. Tenants are now called contract-holders, and both private and community (social) landlords are covered.
One of the Act's central duties is that the landlord must make sure the dwelling is fit for human habitation at the start of the contract and throughout it. The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 set out what that means, and several of the requirements are about fire and carbon monoxide safety.
If a home is not fit for human habitation, the landlord cannot charge rent for the period it is unfit. That makes fire safety a direct financial issue, not only a safety one.
Smoke alarms
The fitness regulations require the landlord to make sure there is a smoke alarm on each storey of the dwelling, that each alarm is connected to the mains electricity supply, and that the alarms are interlinked, so that when one sounds they all sound. The alarms must be kept in proper working order.
This is a higher standard than a battery alarm on the landing. If you are taking on a property with stand-alone or battery-only alarms, plan to upgrade before the contract starts. Interlinked alarms may be hard-wired to each other or use a radio link, provided they are mains powered and work together.
Check the alarms at the start of each occupation contract and keep a record. Show the contract-holder how to test them and ask them to report faults straight away. When a fault is reported, arrange the repair promptly and record what was done, because the duty to keep alarms working lasts for the whole contract.
Carbon monoxide alarms
Where a dwelling has a gas, oil or solid-fuel combustion appliance, the landlord must make sure a carbon monoxide alarm is fitted and kept in working order. The alarm should be in the room with the appliance. Carbon monoxide has no smell or colour, so an alarm is the only reliable warning.
This sits alongside the annual gas safety check required under the Gas Safety (Installation and Use) Regulations 1998, which applies in both Wales and England.
Electrical safety
Faulty electrics are a common cause of fires in homes. The fitness regulations require landlords to make sure the electrical installation is tested by a qualified person at least every five years, and to give the contract-holder a copy of the report. Where the report identifies remedial work, it should be done promptly.
Testing of appliances you supply, often called PAT testing, is not a specific requirement of the fitness regulations, but it is good practice and helps show you are keeping the home safe. Vocus Fire Safety carries out PAT testing in-house.
Rent Smart Wales
Under the Housing (Wales) Act 2014, private landlords in Wales must register with Rent Smart Wales, and landlords who manage their own properties, and letting agents, must be licensed. Getting a licence involves training, and licence holders must follow a code of practice. Fire safety and the fitness requirements are part of what a competent landlord is expected to understand.
HMOs and shared housing
If you let a house in multiple occupation, more rules apply on top of the fitness requirements.
- Licensing: in Wales, mandatory HMO licensing applies to properties of three or more storeys occupied by five or more people forming two or more households. Councils can also run additional licensing schemes that cover smaller HMOs, so check with your local authority.
- Fire Safety Order: the Regulatory Reform (Fire Safety) Order 2005 applies to the common parts of HMOs and blocks of flats. The landlord or manager is usually the Responsible Person and must have a suitable and sufficient fire risk assessment.
- LACORS guide: councils use the LACORS "Housing – Fire Safety" guide to decide what fire precautions an HMO needs, such as the grade of alarm system, fire doors and escape routes.
- Housing Act 2004: the Housing Health and Safety Rating System lets councils assess fire hazards in any rented home and take enforcement action.
New and converted HMOs in Wales may also need sprinklers under the Domestic Fire Safety (Wales) Measure 2011, which is distinctive to Wales. If you are converting a property, raise this early with your designer and Building Control.
How Wales compares with England
Many landlords have properties on both sides of the border. The main differences for individual rented homes are:
| Requirement | Wales | England |
|---|---|---|
| Main law | Renting Homes (Wales) Act 2016 and fitness regulations | Smoke and Carbon Monoxide Alarm (England) Regulations 2015, amended 2022 |
| Smoke alarms | Mains-powered and interlinked, every storey | At least one working alarm on every storey used as living accommodation |
| CO alarms | Where there is a gas, oil or solid-fuel appliance | Rooms with a fixed combustion appliance (gas cookers excluded) |
| Electrical testing | At least every five years | At least every five years for private rentals |
| Landlord registration | Rent Smart Wales registration and licensing | No national equivalent; some councils run selective licensing |
| Mandatory HMO licensing | Three or more storeys, five or more people | Five or more people, any number of storeys |
In both nations, the Fire Safety Order covers the common parts of flats and HMOs, and the Fire Safety Act 2021 confirmed that it includes the structure, external walls and flat entrance doors.
A practical checklist
- Confirm mains-powered, interlinked smoke alarms on every storey
- Fit carbon monoxide alarms wherever there is a gas, oil or solid-fuel appliance
- Keep a current electrical report and gas safety record, and give copies to the contract-holder
- Register with Rent Smart Wales and hold a licence if you self-manage
- For HMOs and flats, commission a fire risk assessment of the common parts and check licence conditions
- Keep dated records of every check, test and repair