Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018, effective from 20 March 2019, is designed to ensure all rented accommodation is fit for human habitation. It strengthens tenants' means of redress against landlords who fail to maintain safe properties.

No new obligations for landlords: This Act doesn’t introduce new responsibilities for landlords but reinforces their duty to meet existing standards and safety requirements in rental properties.

Applicability from 20 March 2019: As of this date, anyone signing a new tenancy agreement, or transitioning to a periodic tenancy, can use the Homes Act. This includes tenancies shorter than 7 years.

Applicability from 20 March 2020: From this date, all tenants with secure, assured, statutory, or private periodic tenancies can use the Homes Act, regardless of when their tenancy started. Those in a fixed-term private tenancy begun before 20 March 2019 must wait until its end to use the Act.

The Act covers both social and private rented sectors. It mandates landlords to ensure their property, including common areas, is habitable at the tenancy's start and throughout its duration.

Landlords are required to keep their property free of serious hazards. Most landlords already fulfill this responsibility. If a landlord fails to do so, tenants can take court action for breach of contract if the property is unfit for habitation. The tenant may receive court orders for hazard reduction or compensation.

The courts assess habitability based on criteria from the Landlord and Tenant Act 1985, such as:

• the property's overall condition
• structural stability
• serious issues with damp
• unsafe layout
• inadequate natural light or ventilation
• insufficient hot and cold water supply
• drainage or lavatory issues
• inadequate facilities for cooking and washing up
• any of the 29 hazards outlined in the Housing Health and Safety Rating System (HHSRS)

For a detailed overview, view the government guidance for landlords on the GOV.UK website.