In Wales a landlord under an occupation contract of less than seven years must keep the service installations for space heating, water heating and gas in repair under section 92 of the Renting Homes (Wales) Act 2016, must ensure the home is fit for human habitation under section 91, and must ensure a carbon monoxide alarm is present in any room with a gas, oil or solid fuel appliance.

Two separate duties on the landlord

Welsh Government guidance explains that Part 4 of the Renting Homes (Wales) Act 2016 places obligations on a landlord for occupation contracts made for a term of less than seven years, and that the repairing duty and the fitness duty do not apply to fixed term contracts of seven years or more. The first is the duty to keep the dwelling in repair under section 92. It extends to the structure and exterior and to the service installations in the dwelling, including those for the supply of water, gas or electricity, for sanitation, and for space heating or heating water. The second, in section 91, is the duty to ensure that the dwelling is fit for human habitation at the start of the contract and throughout it.

How the repairing duty works for a boiler

The landlord’s guidance says that a landlord must keep the dwelling in repair at all times, although there may be cases where the landlord does not know a repair is needed. Once aware, repairs must be carried out in a reasonable time and to a reasonable standard, including making good any damage resulting from the repair. The landlord cannot require the contract-holder (the Welsh term for the tenant) to contribute to the cost of a repair that is not the contract-holder’s fault. A boiler that has failed, or a heating system that no longer works properly, falls within the duty to repair space and water heating installations. The contract-holder should tell the landlord about the problem so the duty is triggered.

Fitness for human habitation and heating

The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 set out 29 matters and circumstances to which a landlord must have regard in deciding whether a home is fit. The guidance for contract-holders gives an example of a boiler that cannot produce sufficient heat in the winter months as something a contract-holder may identify, and advises raising any concern with the landlord first. The landlord’s guidance lists excess cold and combustion products among the matters, and suggests a heating system that is safely installed, maintained and controllable by the occupant, with adequate ventilation and properly sized flues.

Carbon monoxide alarms

Part 2 of the 2022 Regulations sets three things a landlord must do for a home to be fit: install smoke alarms, carry out an electrical safety test at least every 5 years, and install carbon monoxide alarms where a gas, oil or solid fuel appliance is present. On carbon monoxide, the guidance says the Regulations require a landlord to ensure an alarm is present in any room with a gas, oil or solid fuel burning appliance installed. The guidance adds that the requirement does not replace duties under other legislation, including the Gas Safety (Installation and Use) Regulations 1998, and that a landlord who fails to meet it leaves the home unfit for human habitation. See our guide to carbon monoxide alarms with a new boiler in Wales for the building regulations requirement, which is separate.

What a contract-holder can do

The Welsh Government guidance recommends raising the problem with the landlord first. If that does not work, advice is available from the local authority, Citizens Advice and Shelter Cymru, who may be able to contact the landlord on the contract-holder’s behalf. A contract-holder may also ask the county court to decide whether the dwelling is fit for human habitation. The guidance says this may require evidence, possibly from an expert such as a builder or surveyor, and that if the court agrees the dwelling is unfit it can order the landlord to repair or correct the cause of the problem. Section 99 of the Act allows a contract-holder to apply for damages.

A caution on withholding rent

The guidance notes that occupation contracts usually say no rent is due for any day the dwelling is unfit for human habitation, but warns that a landlord and ultimately a court may not agree it is unfit. A contract-holder who withholds rent could end up in arrears and face possession proceedings, so advice should come first. Safety problems with a gas appliance should always go to a Gas Safe registered engineer, as described in our guide to checking a Gas Safe engineer.

FAQs

Does this apply to every rented home in Wales?

The guidance says the duties apply to occupation contracts made for a term of less than seven years and do not apply to fixed term contracts of seven years or more.

Who pays for a broken boiler in a rented home in Wales?

The landlord, unless the fault was caused by the contract-holder. The guidance says the landlord cannot place an obligation on the contract-holder to contribute to a repair that is not their fault.

Must a landlord fit a CO alarm?

Yes. The 2022 Regulations require a landlord to ensure an alarm is present in any room with a gas, oil or solid fuel burning appliance installed.

Can I stop paying rent if the heating does not work?

The guidance says occupation contracts usually contain a term allowing this where the home is unfit, but advises careful thought and advice, because a court may disagree and possession proceedings could follow.

The bottom line

A landlord in Wales has to repair heating and hot water installations promptly once aware of a fault and keep the home fit for human habitation, with a carbon monoxide alarm required in any room with a gas, oil or solid fuel appliance. Contract-holders should report problems to the landlord first and seek advice from the local authority, Citizens Advice or Shelter Cymru before taking court action or withholding rent. This is general information, not legal advice on a specific tenancy.

Sources

This guide draws on the following primary sources, current as of 24 September 2026:

• GOV.WALES, “Fitness of homes for human habitation: guidance for landlords”
• GOV.WALES, “Fitness for human habitation: guidance for tenants (contract holders)”

Related guides

Best Boiler Deals is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not regulated advice on any specific installation — always confirm the details with a Gas Safe registered engineer.