Overview

The Homes (Fitness for Human Habitation) Act 2018 requires all rented properties in England to be fit for human habitation at the start of the tenancy and throughout. The Act applies to all tenancies, including those granted before 20 March 2019.

What Makes a Property Unfit?

A property may be considered unfit if it has problems with any of the following:

• Repair — structural disrepair, leaking roofs or pipes
• Stability — subsidence, structural instability
• Damp — rising damp, penetrating damp, serious condensation
• Natural lighting — inadequate natural light in habitable rooms
• Ventilation — poor air circulation, no extractor fans in wet rooms
• Water supply — no adequate supply of wholesome water
• Drainage and sanitary conveniences — blocked drains, no working toilet
• Facilities for cooking — no adequate kitchen facilities
• Noise — excessive noise from neighbouring properties due to inadequate insulation
• Pests — infestation by rodents or insects
• HHSRS hazards — any Category 1 hazard under the Housing Health and Safety Rating System

Tenant Rights Under the Act

Tenants can take their landlord directly to court without going through the local authority. This is a significant change from previous legislation. The court can:

• Order the landlord to carry out repairs
• Award compensation to the tenant for any harm suffered
• Grant an injunction to prevent further breaches

Landlord Obligations

• The property must be fit at the start of the tenancy
• It must remain fit throughout the tenancy
• Landlords must respond to repair reports promptly and within a reasonable time
• Under Awaab's Law — statutory timescales (14 days to investigate, 7 days for emergency hazards) currently apply to social housing landlords only. The Renters' Rights Act contains a power to extend these to the private rented sector, but that extension has not yet been commenced. Private landlords must still respond to repair reports promptly and within a reasonable time under Section 11 LTA 1985 and this Act.

Exceptions

Landlords are not responsible for unfitness caused by:

• The tenant's own behaviour or failure to use the property in a tenant-like manner
• Damage caused by the tenant, their family, or their guests
• Events beyond the landlord's control (e.g. flooding from an external source)
• Rebuilding or reinstatement after fire, flood, or other insured events (where insurance is in place)

Practical Steps for Landlords

• Carry out a thorough inspection before each tenancy begins
• Address any disrepair or hazards before the tenant moves in
• Respond to repair reports in writing and keep records
• Carry out regular inspections (with proper notice) to identify issues early
• Maintain a log of all maintenance and repair work