“It is deplorable that in dealing with such a matter as this, a Court, and still more a private individual, and most of all a private individual who lives in a small tenement, should have to make some sort of path through the labyrinth and jungle of these sections and schedules. One would have thought that this was a matter above all others which the Legislature would take pains to make abundantly clear.”
“The proposed Bill will not only include detailed changes to the existing rules, but also fundamental change to the legislative approach to the regulation of this sector of the housing market. In particular the historic linkage between principles of property law and housing legislation will, so far as is practicable, be abandoned; instead, a new approach based on contract which incorporates consumer law principles of fairness and transparency is proposed.”
“Two essential principles underpin this approach: (1) agreements between landlords and occupiers should be more transparent; so far as possible the rights and obligations of both parties to the agreement should be set out there, and should not have to be discovered by reference to supplementary rules in Acts of Parliament, law reports or legal textbooks; (2) agreements should be fair; there should be a fair balance of rights and obligations on both sides of the agreement, for both landlords and occupiers.”
“2.2 The complexity of the legal framework is a contributory factor to the poor reputation of the rented sector, as many landlord and tenant disputes result from ignorance of the law. It also means that compliance costs are high and the outcomes of litigation unpredictable, which particularly affects the providers of social housing. 2.3 At the heart of the Renting Homes recommendations is the replacement of dense statutory provisions, obscure common law rules and multiple tenancy types with statutorily regulated contracts to be used by all rental providers. Model contracts, underpinned by statute, will set out the basis upon which accommodation is rented, provide clear and accurate statements of the rights and responsibilities of the parties, and explain the circumstances in which rights to occupy may be brought to an end. The contracts will be easily available and easily understood.”
“(3) A reference in this Act to a section or other provision which is a fundamental provision has effect, in relation to a contract in which the fundamental provision is incorporated (with or without modifications), as a reference to the fundamental term of the contract which incorporates the fundamental provision.”
“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 undersection 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.” (a) by reference to any regulations made by the Welsh Ministers undersection 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. (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.”
“97 Limits on sections 91 and 92: notice (1) The landlord's obligations under sections 91(1)(b) and 92(1) and (2) do not arise until the landlord (or in the case of joint landlords, any one of them) becomes aware that works or repairs are necessary. (2) The landlord complies with the obligations under those provisions if the landlord carries out the necessary works or repairs within a reasonable time after the day on which the landlord becomes aware that they are necessary.”
“Periods when the dwelling is unfit for human habitation 11. The contract-holder is not required to pay rent in respect of any day or part day during which the dwelling is unfit for human habitation.”
“Electrical hazards 23. Exposure to electricity. Fire 24. Exposure to uncontrolled fire and associated smoke.”
“Electrical safety (1) The landlord must ensure that there is a valid electrical condition report in respect of the dwelling during each period of occupation. (2) An electrical condition report – (a) is a condition report setting out the results of an electrical safety inspection carried out by a qualified person; (b) is valid - (i) until the end of the period of 5 years beginning with the day on which the electrical safety inspection is carried out (“the inspection date”), or (ii) if the electrical condition report states that the next electrical safety inspection should be carried out less than 5 years after the inspection date, until the end of the day by which, in accordance with the report, the next electrical safety inspection should be carried out.” (a) is a condition report setting out the results of an electrical safety inspection carried out by a qualified person; (b) is valid - (i) until the end of the period of 5 years beginning with the day on which the electrical safety inspection is carried out (“the inspection date”), or (ii) if the electrical condition report states that the next electrical safety inspection should be carried out less than 5 years after the inspection date, until the end of the day by which, in accordance with the report, the next electrical safety inspection should be carried out.”
“(3) The landlord must ensure that the contract-holder is, before the end of the period of 14 days starting with the occupation date, given - (a) a copy of the most recent electrical condition report, and (b) where investigatory or remedial work has been carried out on or in relation to an electrical service installation in the dwelling after the electrical safety inspection to which that report relates (and before the occupation date), written confirmation of work. (4) Where an electrical safety inspection is carried out after the occupation date, the landlord must ensure that the contract-holder is given a copy of the electrical condition report relating to the inspection before the end of the period of 14 days starting with the day on which the inspection was completed. [See however the substituted wording applied to converted contracts, such as those in the present case, set out at para 35.iii) below] (5) Where investigatory or remedial work is carried out on or in relation to an electrical service installation in the dwelling after the occupation date, the landlord must ensure that the contract-holder is given written confirmation of work before the end of the period of 14 days starting with the day on which the landlord received the confirmation. (6) A dwelling is to be treated as unfit for human habitation at a time when the landlord is not in compliance with a requirement imposed by this regulation. (7) For the purposes of paragraph (6), a landlord - (a) who has not complied with paragraph (1) is to be treated as in compliance with that paragraph at any time when - (i) the landlord has obtained an electrical condition report, and (ii) that report is valid. (b) who has not complied with paragraphs (3)(a) or (4) is to be treated as in compliance with the provision in question from the time the contract-holder is given a copy of the most recent valid electrical condition report; (c) who has not complied with paragraph (3)(b) or (5) is to be treated as in compliance with the provision in question from the time the contract-holder is given written confirmation of work.” (a) a copy of the most recent electrical condition report, and (b) where investigatory or remedial work has been carried out on or in relation to an electrical service installation in the dwelling after the electrical safety inspection to which that report relates (and before the occupation date), written confirmation of work. (a) who has not complied with paragraph (1) is to be treated as in compliance with that paragraph at any time when - (i) the landlord has obtained an electrical condition report, and (ii) that report is valid. (b) who has not complied with paragraphs (3)(a) or (4) is to be treated as in compliance with the provision in question from the time the contract-holder is given a copy of the most recent valid electrical condition report; (c) who has not complied with paragraph (3)(b) or (5) is to be treated as in compliance with the provision in question from the time the contract-holder is given written confirmation of work.”
“electrical safety inspection” (“archwiliad diogelwch trydanol”) means the inspection and testing of every electrical service installation in a dwelling in accordance with the electrical safety standards; “electrical safety standards” (“safonau diogelwch trydanol”) means the standards for electrical service installations set out in the eighteenth edition of the Wiring Regulations, published by the Institution of Engineering and Technology and the British Standards Institution as [BS 7671:2018+A2:20226]; “electrical service installation” (“gosodiad gwasanaeth trydanol”) means an installation for the supply of electricity; and references to an electrical service installation in a dwelling include, where the dwelling forms part only of a building, an electrical service installation which directly or indirectly serves the dwelling, and which either - (a) forms part of any part of the building in which the landlord has an estate or interest, or (b) is owned by the landlord or is under the landlord's control; “qualified person” (“person cymwysedig”) means a person who is competent to undertake the inspection and testing of an electrical service installation, and any further investigative or remedial work, in accordance with the electrical safety standards; “written confirmation of work” (“cadarnhad ysgrifenedig o’r Gwaith”) means, in relation to investigatory or remedial work, a copy of written confirmation, from a qualified person, that the work in question has been carried out.”
“(4) Where an electrical safety inspection is carried out after the contract-holder has been given a report in accordance with sub-paragraph (a) of paragraph (3) (as modified by regulation 7(4)), the landlord must ensure that the contract-holder is given a copy of the electrical condition report relating to the inspection before the end of the period of 14 days starting with the day on which the inspection was completed”
“11. We have had regard to the Law Commission's Final Report on the Form and accessibility of the law applicable in Wales 2016. It concluded, and we agree, that the best approach to the interpretation of bilingual legislation, where different language texts bear different meanings, and where it is not possible to reach an interpretation consistent with the literal meaning of both language versions, is to discern the legislative intention by reference to the purposes or objects of the legislation as they appear from the texts, rather than by searching for a shared meaning. [Footnote 1: See paragraph 12.40 of the Law Commission report.] The court should, we think, apply normal principles of statutory interpretation to its analysis of the meaning of both texts equally. There should be no special rule about the admissibility of pre-legislative material and legislative history, but the court should always be astute to the possibility that such materials may favour one language version. 12. The aim of interpreting legislation is to determine the intention of the legislature. Where legislation is enacted in two languages of equal standing, and the parties submit that there is, or may be, a conflict, difference or distinction between the two language versions, detailed analysis of each version may be necessary. Where it is not suggested that the different language versions differ in meaning, the court can be sure that either version reflects the intention of the legislature. Counsel for the Welsh Language Commissioner accepted that this was the position. The approach is also consistent with the principle of ensuring equal standing for both languages, and accords with the position adopted by the Law Commission. [Footnote 2: See paragraphs 12.5-12.8 and 12.17-12.20. Paragraph 12.20 expresses the view that "it is only in circumstances where there is a concern that there is a difference in meaning between the English and Welsh texts that detailed analysis of the two texts will need to take place". See the observations of the Law Commission on article 33 of the Vienna Convention on the Law of Treaties in paragraphs 12.5 to 12.8 of the Law Commission's Report.]”
“When determining whether a dwelling is fit for human habitation regard must be had to the matters and circumstances set out in the regulations made under section 94 of the Act which can be found on the Welsh Government’s website.” (On page 28): Landlord’s obligation: fitness for human habitation (F+) 12. (1) The landlord must ensure that the dwelling is fit for human habitation [18] — (a) on the occupation date of this contract, and (b) for the duration of this contract. (3) The reference to the dwelling in paragraph (1) of this term includes, if the dwelling forms part only of a building, the structure and exterior of the building and the common parts. [18] is a footnote which reads: “When determining whether a dwelling is fit for human habitation regard must be had to the matters and circumstances set out in the regulations made under section 94 of the Act, which can be found on the Welsh Government’s website.”
“When determining whether a dwelling is fit for human habitation regard must be had to the matters and circumstances set out in the regulations made under section 94 of the Act which can be found on the Welsh Government’s website.”
“You are not required to pay rent in respect of any day or part day during which the dwelling is unfit for human habitation.”
“(1) The extent of the fiction created by a deeming provision is primarily a matter of construction of the statute in which it appears. (2) For that purpose the court should ascertain, if it can, the purposes for which and the persons between whom the statutory fiction is to be resorted to, and then apply the deeming provision that far, but not where it would produce effects clearly outside those purposes. (3) But those purposes may be difficult to ascertain, and Parliament may not find it easy to prescribe with precision the intended limits of the artificial assumption which the deeming provision requires to be made. (4) A deeming provision should not be applied so far as to produce unjust, absurd or anomalous results, unless the court is compelled to do so by clear language. (5) But the court should not shrink from applying the fiction created by the deeming provision to the consequences which would inevitably follow from the fiction being real.”
“The mere fact that a contractual arrangement, if interpreted according to its natural language, has worked out badly, or even disastrously, for one of the parties is not a reason for departing from the natural language. Commercial common sense is only relevant to the extent of how matters would or could have been perceived by the parties, or by reasonable people in the position of the parties, as at the date that the contract was made.”
“See the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (SI 2022/6 (W.4)) made by the Welsh Ministers under section 94(1) of the Act, which prescribe matters and circumstances to which regard must be had when determining whether a dwelling is fit for human habitation. See also section 91(1) of the Act, which makes it a fundamental provision for a landlord to ensure that the dwelling is fit for human habitation.”
“The modern approach to statutory interpretation is to have regard to the purpose of a particular provision and to interpret its language, so far as possible, in the way which best gives effect to that purpose.”
“A dwelling is to be treated as unfit for human habitation at a time when the landlord is not in compliance with a requirement imposed by this regulation”
“You are not required to pay rent in respect of any day or part day during which the dwelling is unfit for human habitation.”
“The words “not required” in Regulation 11 (as incorporated as a supplementary term into occupation contracts) do not preclude payment of rent by the contract-holder in respect of a period when the most recent electrical condition report had not been given to them.”
“The contract-holder is not required to pay rent in respect of any day or part day during which the dwelling is unfit for human habitation.”
“The words “not required” in regulation 11 (as incorporated as a supplementary term into occupation contracts) mean that rent is not lawfully due from the contract-holder in respect of any day or part day during which the dwelling is unfit for human habitation. Regulation 11 (as incorporated as a supplementary term into occupation contracts) has the effect that rent was not payable by any Defendant in respect of a period when the most recent electrical condition reports had not been given to them.”
“(7) For the purposes of paragraph (6), a landlord - (a) who has not complied with paragraph (1) is to be treated as in compliance with that paragraph at any time when - (i) the landlord has obtained an electrical condition report, and (ii) that report is valid. (b) who has not complied with paragraphs (3)(a) or (4) is to be treated as in compliance with the provision in question from the time the contract-holder is given a copy of the most recent valid electrical condition report; (c) who has not complied with paragraph (3)(b) or (5) is to be treated as in compliance with the provision in question from the time the contract-holder is given written confirmation of work.” (a) who has not complied with paragraph (1) is to be treated as in compliance with that paragraph at any time when - (i) the landlord has obtained an electrical condition report, and (ii) that report is valid. (b) who has not complied with paragraphs (3)(a) or (4) is to be treated as in compliance with the provision in question from the time the contract-holder is given a copy of the most recent valid electrical condition report; (c) who has not complied with paragraph (3)(b) or (5) is to be treated as in compliance with the provision in question from the time the contract-holder is given written confirmation of work.”
“(7) For the purposes of paragraph (6), a landlord - (a) who has not complied with paragraph (1) is to be treated as in compliance with that paragraph at any time when - (i) the landlord has obtained an electrical condition report, and (ii) that report is valid. (b) who has not complied with paragraphs (3)(a) or (4) is to be treated as in compliance with the provision in question from the time the contract-holder is given a copy of the most recent valid electrical condition report; (c) who has not complied with paragraph (3)(b) or (5) is to be treated as in compliance with the provision in question from the time the contract-holder is given written confirmation of work.” (a) who has not complied with paragraph (1) is to be treated as in compliance with that paragraph at any time when - (i) the landlord has obtained an electrical condition report, and (ii) that report is valid. (b) who has not complied with paragraphs (3)(a) or (4) is to be treated as in compliance with the provision in question from the time the contract-holder is given a copy of the most recent valid electrical condition report; (c) who has not complied with paragraph (3)(b) or (5) is to be treated as in compliance with the provision in question from the time the contract-holder is given written confirmation of work.”
“…any rent or service charge otherwise due from the tenant to the landlord shall (…) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.”
“All the rent in respect of which the notice of December 3, 1991, was served was “otherwise due from the tenant” on that date, i.e. it was due but for the effect of section 48(2). The letter of December 3 was a valid notice under section 48(1). This provision can be given no effect in derogation of the landlord's legal rights beyond that required by the terms of the enactment. The rent “otherwise due”, therefore, is to be treated as not due for the tenant “at any time before the landlord does comply with” section 48(1); but such rent becomes due at the time when the landlord so complies, and continues due thereafter. There is no justification for any extension of the period of time over which the rent is treated as not due whether until the end of that day, or for a reasonable time, or until the next rent day. The cases cited for this purpose are, in my judgment, of no relevance. No question of construction of contractual obligations arises as to when the rent was “otherwise due from the tenant”
“In so far as the notice inaccurately asserted that the rent “otherwise due” had been due on and from the quarter days listed, it did not mislead and could not reasonably have misled the tenant in any way. Furthermore, it did not and could not affect the clarity of the notice as to what the tenant was required to do or what the effect would be if the tenant did not comply with it. To treat this notice as invalid, therefore, would be to carry the need for strict compliance with the statutory requirement to a length beyond any useful purpose. The statutory purpose of the notice was fully satisfied. On this ground alone I would allow this appeal.”
“A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a prescribed requirement.”
“…where the dwelling forms part only of a building, an electrical service installation which directly or indirectly serves the dwelling, and which either - (a) forms part of any part of the building in which the landlord has an estate or interest, or (b) is owned by the landlord or is under the landlord's control” (regulation 6(8)) (a) forms part of any part of the building in which the landlord has an estate or interest, or (b) is owned by the landlord or is under the landlord's control”
“1.5 This contract relates to Flat 1, [followed by full address] (“the dwelling”). 1.6 The dwelling consists of 2 bedroom Flat. The maximum number of people entitled to occupy the dwelling is 3.”
“‘Dwelling’ for the purposes of regulation 6 of the Fitness Regulations is the ‘dwelling’ which is identified as a Key Matter in the occupation contract (as per section 246(3) of the Act). It does not bear the extended meaning in section 91(2) of the Act. Where a dwelling forms part of only of a building, any electrical safety inspection must inspect and test every electrical service installation in a dwelling which directly or indirectly serves the dwelling, and which either (a) forms part of any part of the building in which the landlord has an estate or interest, or is owned by the landlord or is under the landlord’s control as out on regulation 6(8) of the Fitness Regulations. Accordingly, landlords are not required to give a copy of an electrical condition report for communal parts (as defined in section 252 of the Act) in order to satisfy the requirements in Regulation 6 of the Fitness Regulations.”
“(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 – (…) (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.” (…) (b) which may arise because of a failure to comply with an obligation under section 92. (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.”
“A landlord is not required to give the contract-holder a Minor Electrical Installation Works Certificate (MEIWC) in order to comply with the requirements of regulation 6 of the Fitness Regulations (in particular, the requirements of regulation 6(1) and 6(3)). For converted contracts, under regulation 6 of the Fitness Regulations, a landlord must provide written confirmation of any investigatory or remedial work carried out on or in relation to an electrical service installation in the dwelling after the Relevant Date [as to which, see below]. This duty includes but is not limited to investigations or works which have arisen as a result of the most recent Electrical Condition Report.”
“(3) The landlord must ensure that the contract-holder is, before the end of the period of 14 days starting with the occupation date, given— (…) (b) where investigatory or remedial work has been carried out on or in relation to an electrical service installation in the dwelling after the electrical safety inspection to which that report relates (and before the occupation date), written confirmation of work.”
“(5) Where investigatory or remedial work is carried out on or in relation to an electrical service installation in the dwelling after the occupation date, the landlord must ensure that the contract-holder is given written confirmation of work before the end of the period of 14 days starting with the day on which the landlord received the confirmation.”
“The occupation date 31. The occupation date, in relation to a converted contract, is the day on which the contract-holder became entitled to occupy the dwelling under the tenancy or licence which became an occupation contract on the appointed day.”
“The occupation date 31. The occupation date, in relation to a converted contract, is the day on which the contract-holder became entitled to occupy the dwelling under the tenancy or licence which became an occupation contract on [1 December 2022 ].”
“…the substituted regulation 6(4) only applies in respect of electrical safety inspections undertaken after the landlord has already complied with (or should have complied with) its obligation to provide a copy of the pre-existing ECR on or before14 December 2023 . In the circumstances, it is clear that there is no drafting mistake in respect of the notification duty under regulation 6(4) in respect of converted contracts. Specific provision is made in respect of that notification duty as it applies to converted contracts under regulation 7(5) which is both clear and workable.”
“The occupation date 31. The occupation date, in relation to a converted contract, is the day on which the contract-holder became entitled to occupy the dwelling under the tenancy or licence which became an occupation contract on [1 December 2022 ].”
“…there are substantive issues raised within the further submissions – particularly given the lengthy submissions and new evidence relied upon by the Welsh Ministers (…) which our clients would wish to respond to.”
“The contract-holder is not required to pay rent in respect of any day or part day during which the dwelling is unfit for human habitation except where the landlord has complied with regulation 6(1) [of the Fitness Regulations] and the only reason the property is treated as unfit for human habitation under regulation 6(6) is because the landlord has not complied with regulations 6(3), (4) (including as substituted by regulation 7(5)) or (5) [of the Fitness Regulations].”
“…construing the legislation so that landlords could be faced with providing accommodation for no return over a prolonged period of time when contract-holders had not made any complaint about a breach of regulation 6 and, indeed, might have a financial incentive to refrain from making a complaint, would disproportionately interfere with the A1P1 rights of landlords whilst frustrating the underlying purpose of the legislation which is to ensure that dwellings are free of hazards from defective electrical installations. Whereas the Welsh Ministers’ interpret the legislation, read in light of the common law doctrine of unjust enrichment, as (a) enabling contract-holders to withhold rent in order to incentivise landlords to comply with safety requirements, but (b) not entitling contract-holders to reimbursement of rent actually paid during periods where the only complaint about the dwelling relates to a failure to serve an ECR, strikes a fair and proportionate balance between the Article 8 rights of contract-holders and the A1P1 rights of landlords.”