Ceredigion County Council website

Part 1 requires a landlord to ‘have regard to 29 matters and circumstances’. This means that a landlord must ensure none of these 29 things make the dwelling unfit for human habitation.

Matters and Circumstances

1. Damp, mites and mould or fungal growth: Exposure to house dust mites, damp, mould or fungal growths
2. Cold: Exposure to excessively low temperatures
3. Heat: Exposure to excessively high temperatures
4. Asbestos and manufactured mineral fibres: Exposure to asbestos fibres or manufactured mineral fibres
5. Biocides: Exposure to chemicals used to treat timber or mould growth
6. Carbon monoxide and fuel combustion products: Exposure to— (a) carbon monoxide; (b) nitrogen dioxide; (c) sulphur dioxide and smoke
7. Lead: The ingestion of lead
8. Radiation: Exposure to radiation
9. Un-combusted fuel gas: Exposure to un-combusted fuel gas
10. Volatile organic compounds: Exposure to volatile organic compounds
11. Crowding and space: A lack of adequate space for living and sleeping
12. Entry by intruders: Difficulties in keeping the dwelling secure against unauthorised entry
13. Lighting 13. A lack of adequate lighting
14. Noise 14. Exposure to noise
15. Domestic hygiene, pests and refuse 15.—(1) Poor design, layout or construction such that the dwelling cannot readily be kept clean. (2) Exposure to pests. (3) An inadequate provision for the hygienic storage and disposal of household waste
16. Food safety - An inadequate provision of facilities for the storage, preparation and cooking of food
17. Personal hygiene, sanitation and drainage - An inadequate provision of— (a) facilities for maintaining good personal hygiene; (b) sanitation and drainage
18. Water supply - An inadequate supply of water free from contamination, for drinking and other domestic purposes
19. Falls associated with baths etc - Falls associated with toilets, baths, showers or other washing facilities
20. Falling on surfaces - Falling on a surface
21. Falling on stairs etc. - Falling on stairs, steps or ramps
22. Falling between surfaces - Falling from one surface to another (including falling from height)
23. Electrical hazards - Exposure to electricity
24. Fire 24 - Exposure to uncontrolled fire and associated smoke
25. Flames, hot surfaces etc. - Contact with— (a) controlled fire or flames; (b) hot objects, liquid or vapours
26. Collision and entrapment - Collision with, or entrapment of body parts in, doors, windows or other architectural features
27. Explosions - An explosion at the dwelling
28. Position and operability of amenities etc. - The position, location and operability of amenities, fittings and equipment
29. Structural collapse and falling elements - The collapse of the whole or part of the dwelling including falling elements

Some of the 29 matters and circumstances will not arise very often, whilst others will be more common. For example, Matter 1 – Damp and mould growth, Matter 2 – Cold, and Matter 3 – Heat are more common problems than Matter 27 – Explosions, and Matter 29 - Structural collapse. However, landlords must consider all 29 matters and circumstances in determining whether the dwelling is FFHH.

It may be easy for the contract-holder to identify if one of the 29 matters and circumstances is causing a problem in the dwelling, for example where significant mould is present in bedroom due to damp coming through the walls, or the boiler is unable to produce sufficient heat in the winter months. However, there may be times where a contract-holder is unsure whether a particular problem means their home is unfit for human habitation. In all cases, a contract-holder should raise these concerns with the landlord first. If the landlord agrees, they should take action to solve the problem.

Part 2 of the regulations sets out 3 things a landlord must do to ensure a home is FFHH:

• Install smoke alarms
• Carry out an electrical safety test at least every 5 years
• Install carbon monoxide alarms where a gas, oil or solid fuel appliance is present

Where a landlord fails to do any of the above, in the times allowed, the dwelling will be unfit for human habitation.