The Homes (Fitness for Human Habitation) Bill has been enacted as the Homes (Fitness for Human Habitation) Act 2018 and is scheduled to come into force on the 20th March 2019. The new act amends the Landlord and Tenant Act 1985 to require that any property let by a landlord (private or social) is fit for human habitation when a tenancy is granted for 7 years or less, in both the social and private rented sectors. It covers not just the living accommodation but also the common parts (say an HMO or block of flats owned by the landlord). The Housing Act and landlord and Tenant Act already outline fitness for habitation standards.
A property will be unfit for habitation if there are serious defects in any of the following:
- Repair
- Stability
- Freedom from damp
- Internal arrangement
- Natural lighting
- Ventilation
- Water supply
- Drainage and sanitary conveniences; and
- Facilities for preparation and cooking of food and for the disposal of waste water.
The landlord will be responsible for ‘unfitness’ unless caused by damage or disrepair caused by the tenants’ behaviour. If the landlord is held responsible and the property is deemed ‘unfit for human habitation’, the landlord should carry out such works to put the issue right.
But the landlord is not obliged to:
- Rebuild or reinstate a destroyed building
- Put right unfitness the tenant is responsible for causing
- Carry out works which are the responsibility of a superior landlord, or for which they cannot obtain third-party consent
Currently where a tenant suffers poor standards, they have to report this to the Council to take action, however after the 20th March 2019 the tenant can make a direct claim against the landlord through the Magistrates Court using the Homes (Fitness for Human Habitation) Act 2018. The landlord if found guilty may be ordered to carry out works, and damages awarded.
Most landlords should have nothing to worry about in respect of the new act. A reasonably maintained property should not be deemed unfit. Only landlords of properties suffering serious disrepair issues should be affected, and these should be resolved irrespective of new legislation.
However, private landlords responsible for regulated tenancies where repair and modernisation may have been limited by a sitting tenant need be aware of the Act’s provisions.
As with any new regulations time will tell exactly how it is interpreted by the courts, and whether there are unintended consequences.
