The Homes (Fitness for Human Habitation) Act 2018 came into force from 20th March, 2019.
What is the Act?
The purpose of the Act is to improve standards by putting an obligation on landlords (or agents acting on their behalf) to keep a rental property, including communal parts, in good condition. It also gives tenants a right to take legal action where their landlord fails to do so. Previously landlords were only open to legal action from the local authority, and not from tenants directly.
This means from the very beginning of a tenancy a landlord must make sure that their property is fit for human habitation, and keep detailed records of all reported issues, subsequent repairs, and undertake regular inspections. Tenants will be able to take direct legal action if their landlord or agent does not comply with the Act.
Does the Act apply to my tenancies?
The Act applies in England to new tenancies granted on or after 20th March 2019, as well as fixed-term tenancies renewed on or after that date. Existing tenancies will therefore fall under the Act when they are renewed or become periodic. Periodic Tenancies that commenced before 20th March 2019 will come under the scope of the legislation 12 months after commencement, i.e. on 20th March 2020.
What criteria is ‘fitness for human habitation’ judged on?
Fitness for human habitation is defined in the Section 10 of the Landlord and Tenant Act 1985. These include any issues connected to:
- Damp and mould growth
- Ventilation
- Water supply
- Drainage and sanitary conveniences
- Building structure and integrity
- Natural light availability
- Cooking and washing facilities
- Pests and vermin
- Facilities for preparation and cooking of food and for the disposal of waste water
The 29 hazards listed in the Housing Health and Safety Rating System are the yardstick historically used by local authorities when considering a property’s fitness for human habitation.
Unfitness claims will be decided in the courts, with legal aid available. The courts may order the landlord to pay compensation to the tenant. The landlord will also have to remedy unfitness in their properties, unless it is caused by tenant behaviour or natural events such as storms and floods. Another exemption is if the landlord cannot get consent, eg planning permission.
The Act only applies to individuals, not to tenants who might be institutions, housing associations or local authorities. It also only applies to people with tenancy agreements, as opposed to licences to occupy.
How does the Act affect me as a Landlord?
The most significant impact on landlords will be the consequences of failing to comply with the Act. Once your tenancy falls under the conditions covered by the Act, your tenants are able to take direct legal action against you if they feel that you have failed to provide a rental property that is fit for human habitation.
If the court then decides that you have not provided a property that fit for human habitation, they can make you pay compensation to your tenant and/or make you undertake the necessary works to bring your property up to standard. You may also have to pay your tenant’s legal costs.
By having a managing agent like Daisy IPS where we look after your property properly, you can reduce the risk of getting any of this wrong. For more information about the Act a series of official guides can be found at the link below:
https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018