Electrical Safety Report Ruling Tests Tenant Rights — What It Means for North Wales
Isobel Stark (Student)
Why Electrical Safety Matters
Electrical safety is one of the most important aspects of maintaining a safe home. In Wales, landlords are required to have their properties inspected regularly to ensure electrical installations are in good condition. These inspections are recorded in an Electrical Installation Condition Report (EICR), which must be renewed at least every five years and shared with tenants.
Under the Renting Homes (Wales) Act 2016, landlords must make sure that the properties they let are “fit for human habitation”. This means that, alongside providing heating, water, and proper ventilation, the property must also meet basic safety standards, including electrical safety.
For many tenants in North Wales, however, understanding what they are entitled to receive and what counts as a breach of these obligations can be confusing.
A Recent Court Decision
In the case Coastal Housing Group Ltd and Others v Mitchell and Others Welsh social landlords had failed to provide tenants with Electrical Condition Reports. The tenants claimed that the absence of these documents rendered their homes unfit for human habitation and sought repayment of rent.
The court accepted that the landlords had technically breached their duties, but it dismissed the claim for rent repayment. The judges decided that the tenants would need to show that they had suffered actual loss or harm as a result of the missing reports. In other words, if the property remained safe and the tenants continued to benefit from living there, compensation could not automatically be claimed.
This decision provides clarity for both landlords and tenants. It confirms that while landlords must follow their safety obligations strictly, tenants cannot succeed in claims for repayment unless they can demonstrate that the landlord’s breach caused tangible harm.
The Legal Framework
The main legal protection for tenants in Wales comes from the Renting Homes (Wales) Act 2016, as amended by the Renting Homes (Amendment) (Wales) Act 2021. This legislation simplified tenancy law by introducing “occupation contracts”, which replaced most older tenancy types.
Landlords must keep their properties safe and in repair, which includes maintaining sound electrical and gas installations and ensuring the structure and exterior of the building remain in good condition. These duties are supported by earlier laws such as the Landlord and Tenant Act 1985 and the Housing (Wales) Act 2014, which created the Rent Smart Wales licensing system.
However, the recent ruling shows that not every breach automatically leads to compensation. Technical non-compliance, such as missing paperwork, might not be enough unless the tenant can prove that the lack of documentation resulted in a real risk or loss.
What This Means for Tenants
For tenants, the decision highlights the importance of gathering evidence and understanding the limits of their rights. A missing certificate does not necessarily mean a property is unsafe, but it can still be a warning sign of poor management or neglect.
If a tenant suspects that electrical installations are faulty or unsafe, they should report the issue to their landlord or letting agent in writing. Keeping clear records, such as copies of emails, photos, or letters, can make it easier to show that concerns were raised and ignored. If the landlord fails to act, the tenant can contact Rent Smart Wales or the local authority’s environmental health team for further inspection.
While legal remedies exist, taking early advice often helps prevent problems from escalating. Bangor Law Clinic regularly assists tenants who are unsure whether their landlord has met their legal duties, especially when it comes to repairs and safety standards.
At VRƵ Legal Advice Clinic (BULAC), students work under professional supervision to provide free and confidential legal advice to the local community. Advisors can help you review your tenancy documents, explain your rights under housing law, and draft letters to your landlord if necessary.
To book an appointment, please call 01248 388411 or email bulac@bangor.ac.uk