For anyone letting homes in England, privately or as a social landlord, obligations changed on 20 March 2019. The Homes (Fitness for Human Habitation) Act 2018 came into force on that date. It amended the Landlord and Tenant Act 1985 so that every relevant tenancy contains a promise by the landlord that the home is fit for human habitation when the tenancy begins and stays fit throughout.
Which tenancies it covers
- new tenancies of less than seven years granted on or after 20 March 2019, including new periodic tenancies
- fixed term tenancies that become periodic, or are renewed, after that date
- from 20 March 2020, all existing periodic tenancies
Where a flat is in a larger building, the promise also covers the common parts the landlord controls, such as stairs, halls and the roof.
What fitness means
A home is unfit if it is so far defective in one or more listed matters that it is not reasonably suitable to live in. The matters include repair, stability, freedom from damp, natural lighting, ventilation, water supply, drainage and sanitary conveniences, and facilities for preparing and cooking food. Any of the hazards under the Housing Health and Safety Rating System can also make a home unfit.
What changed for tenants
Until then, tenants had mostly relied on the local council to take action. The Act gave tenants a direct right to take their landlord to court for an injunction requiring the work to be done, and for damages. The promise cannot be removed by the wording of the tenancy agreement.
There are limits. Tenants must still use the home in a tenant like manner, and the landlord is not liable for problems caused by the tenant.
What landlords should do
- Know the condition of your homes. A planned programme of inspections is far better than waiting for a complaint.
- Prioritise damp, heating and repair. These are the issues most likely to lead to a claim.
- Respond quickly and keep records of reports, inspections and work done.
- Diagnose before you repair. A damp complaint needs the cause found, not just a coat of paint.
Our Building Surveys and Defect Diagnosis service helps landlords understand and prioritise the condition of their homes. See our condition survey of a 74 property portfolio.