Renting Homes Fitness for Human Habitation Consultation Response Form

Transcription

1 Renting Homes Fitness for Human Habitation Consultation Response Form About Us Community Housing Cymru (CHC) is the representative body for housing associations and community mutuals in Wales, which are all not-for profit organisations. Our members provide over 158,000 homes and related housing services across Wales. In 2016/17, our members directly employed 8,731 people and spent nearly 2bn (directly and indirectly) in the economy, with 84% of this spend retained in Wales. Our members work closely with local government, third sector organisations and the Welsh Government to provide a range of services in communities across Wales. Our objectives are to: Name: Be the leading voice of the social housing sector. Promote the social housing sector in Wales. Promote the relief of financial hardship through the sector's provision of low cost social housing. Provide services, education, training, information, advice and support to members. Encourage and facilitate the provision, construction, improvement and management of low cost social housing by housing associations in Wales. Selina Moyo Selina-moyo@chcymru.org.uk Telephone: Address: Postcode: Organisation (if applicable) Ocean Way Cardiff CF24 5TG Community Housing Cymru Publication of responses Responses to publications may be made public on the internet or in a report. Normally the name and address (or part of the address) of its author will be published 1

2 along with the response, as this helps to show the consultation exercise was carried out properly. If you would prefer your name and address not be published, please tick here Q1. Determination of whether a dwelling is FFHH Please Tick Do you agree with our approach to determining whether a dwelling is FFHH, in particular referencing the 29 matters and circumstances set out in the guidance? Yes we agree in principle. We are in agreement of using 29 matters and circumstances and we consider them helpful as headings and an appropriate way of determining whether a dwelling is fit for human habitation. Our members are familiar with complying to dwelling standards, and already comply with the Housing Health and Safety Rating System (HHSRS), Welsh Housing Quality Standards, in addition to carrying out inspections and stock condition surveys as and when necessary. Although we agree in principle to the 29 matters, some areas that in themselves seem perfectly reasonable may cause disagreement in reality. We would not support the use of the 29 matters in their present form as there is insufficient information contained within the proposal for either landlord or tenant to determine when the condition of each of the 29 matters are being met. In particular, we believe that there should be some clarity on responsibilities and when a case warrants court action. An example posed by our members are the challenges around determining responsibility when there is a mould problem, especially where there is adequate ventilation, double glazing, modern heating system and adequate levels of insulation and an EPC of 65+. There will be cases where the landlord has made the provisions to avoid hazards such as mould, and the contract holder still feels that the landlord should remedy the situation. Under the HHSRS regulation nothing is left to interpretation as the environmental officer determines whether a property fails to meet any of the 29 matters using specialised training and software. Without having this definite does this comply, or not result we will be expecting to base and agree decisions on two parties perception of an element or situation this uncertainty is likely to result in increased claims legitimate or not. We also believe that the final standard should recognise that all housing associations have complaints procedures and access to the Housing Ombudsman service. The guidance should include a provision that court action is a last resort and that potential complainants will be required to exhaust these avenues in the first instance, together with the Protocol for Housing Disrepair Cases. As such we suggest that the approach should be to exhaust Yes 2

3 different ways of remedy rather than move straight to the courts as this would be more affordable and beneficial to all, the contract holder and the landlord. We would also want some clarity as to how the HHSRS and FFHH would play out in practice, especially given that these would be introduced at the same time that housing associations are complying with WHQS. Could all these standards be brought against a landlord at the same time? As our members point out this will result in confusion for all parties, particularly tenants. Q2. Landlord requirements - carbon monoxide Please Tick Do you agree with the requirement for a landlord to install a carbon monoxide alarm? Yes Yes. Installation of carbon monoxide alarms is something that housing associations take seriously and already the majority have installed carbon monoxide alarms in their accommodation. Carbon monoxide alarms are mostly fitted where a room has an open flued appliance (gas/coal fire /log burner) and tested and serviced annually, some also fit with new boiler installations. In cases where any landlords have not already installed carbon monoxide alarms, we would propose that an adequate implementation period is provided for the fitting of the alarms. For example, some larger landlords who do not currently have carbon monoxide alarms fitted in all properties where gas is supplied and/or an open flued appliance present are pursuing a roll-out of carbon monoxide detectors, in conjunction either with boiler replacements or with annual servicing. These approaches are ensuring that carbon monoxide detectors are being fitted to all necessary properties in a timely manner, without undue financial or operational impact on the landlord. As an example to install an additional 1500 hardwired Carbon monoxide Alarms would cost 137,664. Whilst the FFHH guidance proposes that a CO detector is installed in all rooms that contain a gas or solid fuel appliance, some of our members policies to date have been to install CO detectors on a risk assessment basis; for example, a CO detector would be fitted in a room containing an open-flued, non-room-sealed boiler because of the heightened risk of CO production, whereas a CO detector might not be fitted in a room containing a balanced-flued, room-sealed gas boiler with a safety cut-out (vitiation) device which poses a relatively very small risk. A UK House of Commons briefing paper has reported that the risk of Carbon monoxide poisoning caused by gas appliances is very low as a result of the safety features required to be incorporated into the appliance by Gas Appliances (Safety) Regulations (implementing the Gas 3

4 Appliances Directive 90/396/EEC) which first took effect 6th April Additionally landlords are already required to carry out an annual gas safety check which should identify any unsafe gas appliance. Most of our members already comply with this policy, and have CO detectors fitted in all necessary properties on this risk assessment basis. However, if a requirement is introduced to install a CO detector in all rooms containing a gas or solid fuel appliance, we would request that this is carried out over a period of at least 24 months from the date of implementation of the Act to provide sufficient time for installations. Q3. Landlord requirements smoke alarms Please Tick Do you agree with the requirement for a landlord to install a smoke alarm? Yes (Go to Q4) We are supportive of the requirement to fit smoke alarms on each storey of a dwelling on which there is a room used wholly or partly as living accommodation. Q4. If yes to question 3 Please Tick Should there be any additional requirements on the type of smoke alarm installed? No We do not think that there is a need for additional requirements on the type of smoke alarm or to specify the type of alarm which is used, as the main issue is that the alarms should be in proper working order and meet the relevant British Standard. We also think that specifying the type of alarm required could result in unnecessary costs for landlords who are already complying with requirements. A survey that we carried out with our members earlier this year showed that all our members have smoke alarms but different types are in use. Some have installed hard wired smoke alarms and others have installed battery operated alarms, based on a risk based approach. We believe that maintenance of smoke alarms is more important than 4

5 whether they are hard wired or battery operated as smoke alarms will not provide the protection if they re not working properly. We know there are challenges with the battery operated smoke alarms as tenants may remove batteries from the smoke alarms. We therefore urge that guidance is developed to inform tenants of the dangers of removing batteries from smoke alarms, if this type of alarm is included within the final FFHH guidance. All members surveyed indicated that their existing smoke alarm servicing was provided in conjunction with annual gas servicing. This could be something that is considered within this guidance. Where a gas appliance is not fitted, and therefore there is no need for gas servicing, a different approach will be required. However, it would be sensible to require servicing of smoke alarms in these properties along the same timetable as other properties. In addition to the annual checks, some of our members work with tenants to request and encourage them to undertake weekly testing and to report any issues. We would like to see a move towards this with this guidance so that tenants can take on some responsibility. Smoke alarms will be replaced reactively as required; however, landlords must note the manufacturer s recommended life span of smoke alarms, and budget to replace them on a planned basis accordingly. Most manufacturers have introduced a recommended lifespan of 10 years. If there is a requirement to move to a particular hard wired system we would request that there is sufficient lead in time for installation, so that all landlords can plan and budget accordingly. Q5. If yes to question 4 which type of alarm should be installed? Please Tick a) Sealed unit lithium battery-powered smoke alarms with 10 year lifespan. Yes No As highlighted above, our members are less concerned with the type of alarm that should be fitted, so long as they are regularly checked, are in proper working order and meet the relevant British Standard. Please consider this response for 5a, b and c. b) Interlinked sealed unit lithium battery-powered smoke alarms Yes No 5

6 If yes please briefly explain why. c) Interlinked hard-wired smoke alarms Yes No If yes please briefly explain why. Q6. Landlord requirements for electrical safety testing Please Tick Do you agree with the requirement for a landlord to undertake electrical safety testing? Yes We agree with the requirement for landlords to undertake electrical safety testing. Our members already undertake electrical safety testing. Q7. Landlord requirements electrical safety testing Please Tick Do you agree that the maximum period between electrical safety testing should be five years? We somewhat agree although we would like to see a period of 10 years introduced for new properties. All our members already carry out electrical safety testing with the majority indicating that they provide fixed electrical testing on change of tenancy, every 10 years on new properties and after rewiring, then moving to every 5 years after. In addition, where an NICEIC registered electrician requests that a test is carried out in a shorter timescale than 5 years, for any particular reason (age of installation, client group etc.), the electrician s request will be met and a new test carried out as per the electrician s instruction. We believe that new builds and properties where there has been any rewiring should not require testing within 5 years as they will already be complying to standards to last for many years. We therefore propose that a period of ten years should be allowed following the initial inspection for a new build or following a complete rewire. 6

7 Following the expiration of these ten years, the inspection regime should revert to the 5 year timescale. This approach would not only allow landlords to focus on older properties, but would also prevent unnecessary disruption to tenants in new properties or following the significant disruption of a rewire. We also believe that this would reduce unnecessary increase in costs. Our members indicate that, as an example, the cost of moving from 10 year Electrical Testing to 5 yearly would be an extra 42,000 per annum. Further to the requirement of electrical testing, we want to propose that Welsh Government provides information to safeguard tenants so that they can better use their appliances and reduce incidents of fire, which in a large number of cases is resultant from improper use of equipment. The FFHH guidance proposes that the current Electrical Inspection Condition Report should be made available to the contract holder on or before the occupation date (e.g. the start of tenancy). A copy of any subsequent EICR needs to be provided to the contract holder within 14 days; however, we would propose that it is done within 28 days of the new EICR being completed, in line with the requirement under the Gas Safety (Installation and Use) Regs for a copy of the Landlord Gas Safety Certificate to be provided to the householder within 28 days. Q8. Specific requirements imposed on landlords Please Tick Do you agree that the three specific requirements imposed on landlords (installing a carbon monoxide detector, smoke alarm, and undertaking electrical safety testing) address the most important concerns? If no please briefly explain why. Yes Q9. Draft guidance on fitness for human habitation. Please Tick 7

8 Do you agree that the draft guidance on fitness for human habitation adequately explains: Yes a. the nature of the 29 matters and circumstances and; b. the specific requirements placed on landlords by the regulations? No Our members feel that the potential landlord actions within the draft guidance are not specific enough and are open to interpretation. Potential landlord actions should in our view, wherever possible, be clear and measurable. Words such as adequate and appropriate should be avoided and replaced with either BS/EN standards or sufficient examples to make it clear what is expected from the landlord. Where there is still any doubt, examples of what is not accepted should be given. We have received the following comments from our members which we would like see reflected in the final version of the FFHH guidance: 1. Damp and Mould Growth Frost protection for pipes and tanks e.g. All pipes in lofts and other unheated areas should be fitted with pipe lagging. The installation of electrical trace heating would be considered an excessive requirement in this guidance. Sufficient means of ventilation to cope with moisture from normal domestic activities without the need to open windows that could lead to heat loss, noise and security risks e.g. the provision of trickle ventilators in windows. Heat recovery ventilation would be considered an excessive requirement in this guidance. The majority of damp and mould growth problems identified by our members are due to tenants failing to adequately heat and ventilate their properties. The guidance should provide balance by including reference to what is expected from a tenant. For example, a property will not be deemed unfit if a tenant fails to operate the facilities provided to adequately heat or ventilate the property. Adequate heating and ventilation could be defined as maintaining a humidity level of less than 70 per cent. 2. Excess Cold Appropriate levels of thermal insulation to minimise heat loss. Level depends on location/exposure/relationship to other dwellings/building orientation. This guidance is not specific enough and is completely open to interpretation. We would therefore recommend replacing this with either minimum component U values. or preferably 8

9 SAP values as contained in WHQS. We would argue that the sentence saying excess cold is often caused by outside temperatures may not need to be included. Appropriate Heating System safely and properly installed and maintained and controllable by occupant. The word appropriate is open to interpretation. A list of examples should be provided to describe what is considered appropriate, e.g. fully pumped central heating system with user adjustable time clock and thermostat designed to achieve minimum 18deg C with an external temperature of -3 deg C. 3. Excess Heat Means of cooling during hot summer weather, either by natural ventilation or air conditioning. An excessively high indoor temperature needs to be defined. We consider the reference to the provision of Air Conditioning as an excessive requirement in this guidance which would be incredibly costly for housing associations to install across their stock. 4. ASBESTOS AND MMF Damaged or likely to be damaged or disturbed asbestos should be assessed for repair, sealing, enclosure or removal by licensed (HSE) contractors The words by licenced (HSE) contractors should be removed as many asbestos containing materials such as vinyl floor tiles and asbestos cement products do not require removal by licenced HSE contractors. We would also like to see the guidance specifying that it is the tenant s responsibility to report where they have damaged the fabric of their building and potentially exposed asbestos. This would provide recognition that the landlord is now always able to protect from all damage. We would also argue that the inclusion of MMF within the guidance may not be necessary, given that it poses little or no risk to tenants. 7. LEAD Testing of water pipes is likely to show that they contain lead. Our members have expressed that replacing these would be extremely expensive and intrusive. Testing of the water would determine whether or not it is contaminated. 12. ENTRY BY INTRUDERS 9

10 Design of the estate and area around the dwelling to reduce hiding places, as far as possible (e.g. fences etc.) for burglars and intruders; Well-lit and defined pedestrian routes serving the dwelling This muddies the responsibility for street and pavement lighting, and suggests that the landlord rather than the Local Authority would be responsible for path and pavement lighting. For landlords with hundreds of metres of paths in open plan estates this is impossible to deliver. We would like to see this removed. Is the dwelling made safe against unauthorised entry so as to delay and deter intruders and make the occupants feel safer; This defines additional responsibilities in high poverty and high crime areas, and again it suggests that failure to provide security measures, such as burglar alarms, may make the home unfit. 13. LIGHTING Includes threats to physical and mental health associated with inadequate natural/artificial light. It also includes the psychological effect linked with the view through glazing from the dwelling This clause should be backed up with examples of the type of lighting which would be deemed acceptable. In addition this guidance could be open to interpretation; the expectation that a landlord should tailor the lighting installation to suit the physical and mental needs of each tenant would appear to be an excessive obligation. Windows should be wide enough to provide for a reasonable view of the immediate surroundings. We would like to see further guidance included here. For example, which rooms should this clause relate? Will bedrooms with roof-lights be acceptable? What is the minimum width to be wide enough? 14. NOISE This includes threats to physical and mental health from exposure to noise in the home caused by a lack of sufficient sound insulation. Possible triple glazing near airports/sources of very high noise levels These clauses should be backed up with action sound levels db. Otherwise, we feel that this guidance would be open to interpretation. 10

11 Plumbing from WCs/cisterns sited away from separating walls Bathrooms/WCs in flats not sited above living rooms/bedrooms Better construction/conversions of partitions and party walls especially in flats/maisonettes. These actions suggest that landlords should relocate toilets and bathrooms. Whilst this may be possible (albeit costly) if a property were to undergo a major renovation, when the work would in any case be covered by the building regulations, generally we would consider this as an excessive requirement in this guidance. 15. DOMESTIC HYGIENE, PESTS AND REFUSE Adequate and closed storage for refuse awaiting collection or disposal outside dwelling Suitable storage for refuse within the dwelling Storage to be accessible to occupants but not be a danger to children Refuse facilities should not cause hygiene problems We can see that the landlord has a part to play in the storage of rubbish and we believe that every property should have a reasonable amount of internal and external storage. However we believe that the landlord actions in their current form are unreasonable and will not be achievable in many dwelling types. There are also hundreds of street terraced properties and open plan estate homes that would fail this standard and are not appropriately designed to accommodate outside storage. Again the guidance needs balance, e.g. with regard to hygiene problems there should be recognition of tenants responsibility. We need to ensure that this doesn t imply responsibility on the landlord to e.g. to remove wasp nests, mice etc. This is currently the responsibility of the tenant and would be a considerable additional cost to the landlord. Also, pest infestation can be caused by lifestyle choices so there needs to be clarity in terms of responsibility. We do not agree that landlords should be responsible for the provision of waste bins used for internal use. 16. FOOD SAFETY With regards to the inclusion of Clean food prep areas free from cracks we would like to see a caveat around tenant damage. 17 PERSONAL HYGIENE, SANITATION AND DRAINAGE Sufficient numbers of properly connected and fitted baths / showers Sufficient number of suitably connected and sited wash hand basins for occupants The word sufficient should be quantified, or the quantities should be available by referring to an existing standard or guidance document. 11

12 Number of sanitary closets to be related to number of levels in dwelling and the number of persons (irrespective of age) Does this mean that a sanitary closet (which we assume refers to a WC) should be installed on each floor level? If so we would agree it would be a nice to have but this is completely unrealistic to achieve in existing dwellings. We would like to see the inclusion of this requirement reconsidered. Sanitary compartments separate from bathrooms In our experience most people now prefer a WC in the same room as a bathroom. Also this standard is not included in Building Regulations, which means that this guidance would mean a standard higher than Building Regulations to retrofit many properties. Given that this would be particularly difficult to achieve for many properties, we would like to see the inclusion of this requirement reconsidered. Appropriate facilities for washing and drying clothes with adjacent power sockets and vent outlets We would agree that all homes should be provided with washing and drying facilities but it would be unrealistic of this guidance if it expected all homes to be provided with say a washing machine point and a tumble dryer point. Our experience has shown that there is simply not enough space in existing housing stock to install an unlimited number of appliances. The guidance should recognise this as WHQS does with acceptable fails. Surface water to be discharged into properly designed trapped drainage inlets connected to main drainage system This would appear to contradict current environmental and building control requirements not to discharge surface water into mains drainage. We would therefore like to see the inclusion of this requirement reconsidered. 21 FALLING ON STAIRS ETC Covers any fall associated with a change in level greater than 300mm and includes falls associated with: Tread dimensions to be between 280mm and 360mm; Current Building Regulations indicate 220mm-300mm for dwellings and 250mm-400mm for general access. Most existing stairs will therefore not comply. We would therefore like these dimensions to be reconsidered. Rise dimensions to be between 100mm 180mm; Current Building Regulations indicate 150mm-220 for dwellings 150mm-170mm for general access. Some existing stairs will not comply. We would therefore like these dimensions to be 12

13 reconsidered. Nosing should not project more than 18mm beyond any riser; Current Building Regulations state 25mm. Many existing stairs will not comply. We would therefore like these dimensions to be reconsidered. Provision of carpet/rug etc., at foot of stairs to help cushion possible impact; We would consider this to be an excessive condition, particularly as it will restrict tenant choice for say laminated flooring. In addition rugs are a trip hazard. Housing associations generally do not provide carpets but may do in hard to let properties, there are no regular visual inspections of such floor covering. This would be a costly exercise and is also potentially intrusive for residents who already give us access to their homes for a variety of other inspections. We therefore would like to see this provision removed. Stair width should be a minimum of 900mm-1000mm; Would a property with say an 850mm wide staircase really be unfit? Or would the landlord be required to move the walls and replace the stairs or sell the property out of the rental market? These requirements are simply unpractical for many dwellings and should therefore be reconsidered. Adequate natural lighting to the top and foot of the flight; We would like to see further clarification included on what is adequate. This clause implies that a property with a staircase without natural light at the top and/or foot would be unfit unless natural light e.g. provision of a window, skylight or possibly light pipe were installed. See also below. Adequate artificial light to the top and foot of the flight; We would recommend that this clause and the one above are combined to allow for stairs to be lit by artificial light. 22 FALLING BETWEEN LEVELS Includes falls between two levels within and outside a dwelling or building where the change in level is more than 300mm. Includes falls from out of dwellings, e.g. windows, balconies, accessible roofs and over landing balustrades. Also includes falls from any other change in level not served by stairs or steps (e.g. over the guard rails to galleried rooms/basement wells or to garden retaining walls). Landlords should carry out visual inspections to ensure the likelihood of falling between levels is minimised as far as possible. The wording minimised as far as possible would suggest that full balustrading should be installed on any potential fall in level exceeding 300mm. This is considerably more onerous than the current requirement of 600mm in the current building regulations and would have significant cost implications for landlords. 13

14 23 ELECTRICAL HAZARDS Include hazards from shock and burns resulting from exposure to electricity but not risks associated with fire caused by deficiencies to the electrical installations, e.g. ignition caused by a short circuit. Electrical wiring installation meets the latest requirements of Institute of Engineering and Technology/British Standard (BS 7671); It would not be practical for any Landlord to ensure that the electrical installation to a property always met the latest requirements of the regulations (BS 7671) as it is amended far too frequently. For example any property fitted with red and black cables i.e. those fitted before 2006 would not comply with the current regulations. Also any property fitted with an insulated (plastic) consumer unit would not comply as the regulations changed on 1 st January 2016 and all consumer units must now be made from metal. Any changes would come at an increased cost to members when most of their consumer units have not long been replaced as part of the WHQS program. 25. FLAMES/HOT SURFACES ETC. Fires and heaters there should be protection from any open flame to prevent clothing catching alight Fireguards etc. should be the responsibility of the resident. Even if provided landlords could not police their use. A radiator gets hotter than 70 degrees. However, to cover a radiator would reduce heat projection and could increase residents heating costs. Ideally, hot water should be no more than 60 C in kitchens, 41 C for hand basins and 46 C for baths With 46 degree bath water residents are likely to complain that this is too cold. This would require fitting a mixing valve to control the water temperature which would be an additional cost to what landlords currently do. 27. EXPLOSIONS We would like to see further clarity included on recommended landlord actions. 29. STRUCTURAL COLLAPSE AND FALLING ELEMENTS Landlords should conduct visual and physical inspections to minimise the likelihood of injury occurring. This should include exterior inspections with regard to roof tiles 14

15 or slates etc. We would like to see further clarity included on timescales for inspections so that this is not open for interpretation. Q10. Do you have any further comments to make on the draft regulations, including any on their cost implications? We would consider some of the potential landlord actions and guidance to be idealistic rather than realistic. In our opinion the guidance should be based upon what can practically be achieved with the current housing stock we have in Wales, as highlighted in our response to Q9. Whilst the majority of the housing stock in Wales will be considered modern there will be older homes and those of significant historic interest which will fall foul of modern perceptions under the FFHH proposals. Most social landlords will have exceptions in their stock, from properties in conservation areas to Grade 2 listings, with the Local Authority / National Parks controlling matters such as restrictions of replacement components (windows / doors), installing insulation (roofs / walls - hard to treat properties) and preventing gas heating due to restriction on gas flues on facades / roofs. This could also potentially open up opportunity for legal firms targeting landlords with potentially unreasonable FFHH actions for standards which cannot be achieved due to other external constraints outside of the landlord s control. The Introduction and Background to the consultation document rightly notes the challenge in making every dwelling FFHH, namely to ensure poor housing conditions are addressed whilst ensuring excessive costs are not placed on those landlords already providing accommodation of a reasonable quality. We understand that there is likely to be a six month lead in to the introduction of the Renting Homes Wales Act. However, as discussed above, we believe that some matters will require a longer implementation period, so that organisations can effectively and safely meet the new requirements. Housing Associations vary in that some will have internal teams who can carry out any works and therefore able to carry out this work at much reduced costs than others who have to hire external teams to carry out the work. We would therefore like to see a reasonable timeframe included with this legislation to allow time for any work to be carried out. From experience our members find that a number of fires are caused by improper use of appliances and electricals and we would urge that as part of developing this legislation the Welsh Government looks at developing guidance that can support the public in the proper use of electrical equipment in order to reduce fires. Tenant responsibilities should be considered and included throughout the guidance. The FFHH requirements in addition to WHQS (which already incorporates HHSRS), present 15

16 the potential for differences in interpretation and could expose both private and social landlords to unnecessary, time consuming and costly claims / challenges. We would therefore like to see sufficient guidance which addresses and recognises how these various standards interrelate. Welsh Government should develop guidance for contract holders so that the document is well rounded with specific requirements of contract holders to avoid properties becoming unfit around issues of ventilation, uses the ventilation equipment installed when cooking, bathing and laundry, does not remove batteries on smoke detectors etc. and finally allows access for gas and electrical testing so that there are no protracted disputes. We have some concerns around how the FFHH standards will be interpreted in future, in particular by the courts, how the principle of reasonableness will be applied, and the potential impact this may have on social landlords. The process for a contract holder bringing an action against their landlord under FFHH is unclear. Will contract holders be able to bring actions directly via the courts if they are not able to agree with their landlord on the condition of their home, or will they require the assistance of a solicitor? And if the latter, will the FFHH regulations give added incentive for solicitors specialising in disrepair claims to bring actions which may be unreasonable? Further clarity on how these matters will be managed and dealt with would be helpful. Should any property fall short of one or more of the 29 matters it would be helpful to understand the timeframe a landlord would be granted to rectify the situation. It has been known for agents to seek out tenants and encourage disrepair claims. Therefore, it would be useful to have a timeframe for rectification to aid any responses to such claims. The FFHH proposals offer an opportunity to improve the safety of tenants by imposing an obligation to provide access for the increasing compliance requirements, and afford right of access for Landlords where tenants are in default. The social housing sector has improved its Gas Safety Check access rates over the years but access for Electrical Testing is poor in comparison as tenants do not consider it as important as gas; similarly, Solid Fuel and Oil rates compare poorly against gas. Q11. Welsh Language Impact. While this consultation paper is being made available in Welsh, please can you suggest how the proposed Fitness For Human Habitation Guidance document could be formulated or changed so as to have. i) positive effects or increased positive effects on opportunities for people to use the Welsh language and on treating the Welsh language no less favourably than the English language, and ii) no adverse effects on opportunities for people to use the Welsh language and on treating the Welsh language no less favourably than the English language. 16

17 Input from our Welsh speaking members indicates the below: We question if there could be a more appropriate title, as Rheoliadau Rhentu Cartrefi (Ffitrwydd Annedd i Bobl Fyw Ynddi) (Cymru) 2016 doesn t sound natural for Welsh speakers especially the word ffitrwydd - fitness in Welsh does suggest fitness in a physical health sense. The references within the document as to whether the dwelling is fit translates acceptably though. We would note that the Welsh and English versions of the regulations should be published at the same time, and the English version should include reference that a Welsh version is available. Any guidance that will be published with the regulations should also be available in Welsh and English, with the English version including a statement that they are available in Welsh also. 17