ADVICE
What Rent Smart Wales Is
Rent Smart Wales is the official landlord and letting/management licensing and registration scheme in Wales. Its purpose is to:
Improve standards in the private rented sector
Make sure landlords and agents are fit-and-proper and trained
Protect tenants and provide clarity on rights and responsibilities
Penalties for Non-Compliance
It’s a criminal offence to rent property in Wales and:
✔ Not be registered as a landlord
✔ Let/manage property without a licence (if required)
Penalties include:
Fixed Penalty Notices (e.g., £150 or £250)
Rent Stopping Orders (can block rent payments)
Rent Repayment Orders
Criminal prosecution and fines
Importantly, landlords who are not compliant may not be able to serve valid possession notices to evict tenants.
Is PAT testing legally required?
There is no specific law that says “you must do PAT testing every year.”
However:
Under the Renting Homes (Wales) Act 2016 and the Fitness for Human Habitation regulations, landlords must ensure:
The electrical installation is safe
Electrical appliances supplied by the landlord are safe
If you provide electrical appliances (e.g., fridge, washing machine, microwave), you must ensure they are safe — and PAT testing is the standard way to prove this.
If a tenant complains about mould in Wales, you must treat it seriously — mould can make a property legally unfit for human habitation.
The key law is the Renting Homes (Wales) Act 2016, which requires rented homes to be “fit for human habitation” (FFHH) throughout the tenancy.
🏠 Step-by-Step: What You Must Do
1️⃣ Respond Quickly
Acknowledge the complaint in writing and arrange an inspection ASAP (ideally within a few days).
Under Welsh law, mould linked to:
Damp
Poor ventilation
Structural issues
Leaks
can make a property legally unfit.
If you ignore it, tenants can:
Involve the local council
Apply for a Rent Repayment Order
Potentially take court action
Block possession notices if you're non-compliant
2️⃣ Inspect Properly
You need to determine the cause:
✔ Landlord responsibility (you must fix):
Roof leaks
Rising damp
Penetrating damp
Faulty gutters
Plumbing leaks
No extractor fans
Inadequate heating system
Structural cold bridging
❓ Possible tenant lifestyle factors:
No heating used
No ventilation
Drying clothes indoors with no airflow
Blocking vents
Not using extractor fans
⚠ Important: Even if lifestyle contributes, you still must ensure the property itself meets FFHH standards.
3️⃣ Understand Fitness for Human Habitation (FFHH)
Under the Welsh regulations, landlords must ensure:
Adequate heating
Adequate ventilation
Freedom from damp and mould growth
Safe structure
If mould is severe or persistent, the property may fail FFHH.
This is monitored alongside landlord licensing under Rent Smart Wales.
4️⃣ Fix the Root Cause (Not Just Bleach)
Courts and councils expect long-term solutions, not cosmetic cleaning.
Proper remedies might include:
Installing extractor fans
Improving insulation
Repairing leaks
Replacing windows
Installing PIV systems
Improving heating controls
Simply washing mould off the walls is not sufficient if it returns.
5️⃣ Keep Records
Protect yourself by keeping:
Inspection notes
Photos
Repair invoices
Communication with tenant
If it escalates, documentation protects you.
🚨 What Happens If You Ignore It?
The local council can:
Serve an Improvement Notice
Issue civil penalties
Prosecute in serious cases
Prevent you serving valid possession notices
In serious cases, mould can be treated as a Category 1 hazard under housing health standards.
🎯 Practical Advice
If you're a landlord in Wales:
✔ Inspect within days
✔ Fix structural issues quickly
✔ Document everything
✔ Give ventilation guidance in writing
✔ Consider a damp survey if unsure
