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

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