On 20 March 2019 a new law came into force to make sure that rented houses and flats are ‘fit for human habitation’ which means that they are safe, healthy and free from things that could cause serious harm.
If rented houses and flats are not ‘fit for human habitation’ tenants can take their landlords to court. The court can make the landlord carry out repairs or put right health and safety problems. The court can also make the landlord pay compensation to the tenant.
Homes (Fitness for Human Habitation) Act 2018
This Act replaced section 8 of the Landlord and Tenant Act 1985 (“the 1985 Act”) which requires landlords to let properties “fit for human habitation”. However, those provisions only applied to properties within a certain rent limit. The new Act removes any rent limit and now imposes a covenant on the landlord that the dwelling (previously referred to as a “house” only) is fit for human habitation at the start of any lease and will remain so throughout the term of the lease.
There are a number of determining factors to consider when assessing whether a claim is fit for human habitation pursuant to section 10 of the 1985 Act. The salient (not exhaustive) points are:
- Repair
- Stability
- Damp
- Internal arrangement in respect of occupancy
- Natural lighting
- Ventilation
- Water supply
- Drainage and Sanitary conveniences
- Facilities for preparation and cooking of food
- Disposal of waste water
If a landlord fails to maintain a property which is fit for human habitation the Act allows tenants to take action against their landlord if their home or the building in which it is located contains a hazard which presents a risk to their health or well-being. As a result, it is expected to contribute towards the increase in claim against them.
This overview is offered as information only and should not be taken as advice. For full details of the Act please refer to this government site:
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