The Homes
(Fitness for Human Habitation) Act 2018 What is it and how does it affect you?
Karen Buck’s Homes Act 2018 is an Act to amend the Landlord and Tenant Act 1985. It received Royal Assent on the 20th December 2018. But what does it actually mean? The new Act requires that any property let by a landlord (private or social) is fit for human habitation when a tenancy is granted and remains so for its duration. It extends to England and Wales, but its practical changes are only for England, as Wales has its own fitness-for-humanhabitation consultation.
or disrepair that has been caused by the tenants’ behaviour. A landlord is not obliged to rebuild a destroyed building or carry out works which are the responsibility of a superior landlord, or to maintain or repair anything which the tenant is entitled to remove from the property.
When does it come into force?
Can a landlord or third party inspect the property?
The Act came into force on the 20th March 2019, three months after being enacted and applies to new tenancies of less than seven years, including renewals of existing tenancies. Okay, so what does ‘fit for human habitation’ mean? A property NOT fit for human habitation is a property with a serious defect in one of the following areas: repair, stability, damp, internal arrangement, natural lighting, ventilation, water supply, drainage, facilities for cooking and the disposal of wastewater. But what if I haven’t been told about any defects? The landlord’s liability to the tenant will not start until the landlord has had notice of the defect, and the landlord has had a reasonable amount of time to rectify the unfitness. What if the tenant has caused the defect? The Act covers landlords too. It will not make them responsible for any damage
Yes, landlords will be able to get expert evidence from a surveyor if needed and, if notified that the property is unfit, will still have a reasonable period to put right the defects. What could happen if a landlord is found guilty? Landlords may be brought before the court, where a landlord may be ordered to carry out works, and damages awarded to the tenant. The court could make a finding of unfitness on simple non-expert advice, such as a lack of heating. For responsible landlords, there should be nothing to worry about. However, it is yet to be seen if, like PPI claims, there will be an increase in cases against all landlords. Tenants will be able to claim legal aid and conditional ‘no win no fee’ agreements and as there is no definite guideline for when a court interprets a hazard to exist – and whether it is so defective that the property is unfit – it is a case of waiting to see if there is an increase in future cases.
The Act… applies to new tenancies of less than seven years, including renewals of existing tenancies
15