20th January 2019

Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018, which came into force on March 20, 2019, significantly amended the Landlord and Tenant Act 1985. This legislation mandates that all rented properties in England and Wales must meet specific standards to be deemed fit for human habitation throughout the tenancy duration.

Key Criteria for Fitness

Under the Act, a property is considered unfit for human habitation if it exhibits issues related to:

Repair
Stability
Freedom from damp
Internal arrangement
Natural lighting
Ventilation
Water supply
Drainage and sanitary conveniences
Facilities for food preparation and cooking
Disposal of wastewater
Any prescribed hazard as defined in the Housing Health and Safety Rating System (HHSRS)

The HHSRS outlines specific hazards landlords must address, including:

Damp and mould growth
Excess cold or heat
Asbestos
Carbon monoxide and fuel combustion products
Lead
Radiation
Uncombusted fuel gas
Volatile organic compounds
Crowding and space
Entry by intruders
Lighting
Noise
Domestic hygiene, pests, and refuse
Food safety
Personal hygiene, sanitation, and drainage
Water supply
Falls
Electrical hazards
Fire
Hot surfaces and materials
Collision and entrapment
Explosions
Structural collapse and falling elements

Exemptions

The Act specifies certain exemptions where landlords may not be held liable:

Tenant’s failure to act in a tenant-like manner
Damage resulting from natural disasters (e.g., floods)
Items the tenant is entitled to remove from the property
Repairs that would breach other legal obligations (e.g., planning permissions)
Situations requiring third-party consent, which, despite reasonable efforts, the landlord cannot obtain

Scope of Landlord’s Obligations

The landlord’s responsibility extends to:

The dwelling itself
Common areas and shared facilities in multi-occupancy buildings

This ensures tenants can seek remedies for unfitness arising from issues in shared or communal spaces.

Notice and Access

Tenants are obligated to:

Provide landlords or their agents access to the property for inspection or repairs, given 24 hours’ written notice and at reasonable times

Landlords become liable:

For defects within the dwelling after receiving notice and having a reasonable period to address them
For defects in common areas as soon as they are aware, with liability commencing after a reasonable time to make repairs

Applicability

The Act applies to:

New tenancies of less than seven years starting on or after March 20, 2019
Renewals of existing tenancies from the same date
Periodic tenancies becoming periodic on or after March 20, 2019

For periodic tenancies established before this date, the Act applies from March 20, 2020.

Recent Developments: Awaab’s Law

In response to the tragic death of two-year-old Awaab Ishak due to mould exposure in 2020, the UK government introduced “Awaab’s Law.” This legislation mandates that social landlords in England address hazardous conditions, such as damp and mould, within specified timeframes. From October 2025, landlords are required to:

Investigate and rectify dangerous damp and mould issues promptly
Address emergency hazards within 24 hours

By 2027, the law will expand to cover all dangerous hazards as defined under the HHSRS, excluding overcrowding. Plans are also underway to extend similar protections to private renters. However, housing charity Shelter has criticized the delayed implementation, emphasizing the risks posed to tenants’ health and safety due to prolonged timelines.

theguardian.com

Consequences of Non-Compliance

Landlords failing to meet their obligations under the Act may face:

Legal action from tenants
Injunctions compelling necessary repairs
Claims for damages due to unfitness

Tenants are encouraged to document issues and communicate promptly with landlords to ensure timely resolutions.

For more detailed information, refer to the official government guidelines and consult our legal team when necessary.

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Homes (Fitness for Human Habitation) Act 2018

Homes (Fitness for Human Habitation) Act 2018

Homes (Fitness for Human Habitation) Act 2018

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