On the 20th March 2019, the Fitness for Human Habitation Act 2018 came into force covering domestic rental property.
What is the Fitness for Human Habitation Act?
The fitness for human habitation act 2018 is designed to ensure that domestic rental properties meet the minimum standards required. The act also strengthens tenants means of redress against their landlord if they do not fulfil the standards.
How does the habitation act affect me as a landlord?
The new legislation requires that landlords (both social and private) keep their properties fit for human habitation at the start of the tenancy and throughout the term of the tenancy.
To ensure your property is adhering to the legislation, you must comply with the government guidelines in terms of risks and hazards.
If you don’t comply with the human habitation legislation and your property is not fit for human habitation, your tenant could pursue you for damages.
The human habitation act 2018 applies to the following:
- Tenancies shorter than 7 years.
- New secure, assured and introductory tenancies.
- Tenancies renewed for a fixed term.
- All periodic tenancies.
Are there any exceptions?
Landlords will not be responsible for the below:
- Problem is caused by tenant behaviour.
- An event beyond the landlords control has caused a probe, for example, fire or flood.
- Tenants’ possessions have caused the problem.
- The landlord hasn’t been able to get the approved permission, such as planning permission or permission from the freeholder.
- Tenant is not an individual; for example, it could be a local authorities or a housing association.
The fitness for human habitation act also does not cover anyone who has a license to occupy as opposed to a tenancy agreement. That is to say, lodgers, as well as some people who live I temporary accommodation, and some, but not all, property guardians.
What happens if I don’t comply with the act?
If a landlord does not comply with the legislation, tenants have the right to take court action for breach of contract.
If the court decides that the property is unfit, the court can make the landlord to pay compensation to the tenants. Furthermore, the court can make the landlord carry out the necessary works to the property.
Local authorities also have a range of powers to tackle poor and illegal practices.
What is the criteria?
The housing health and safety regulations 2005 set out 29 hazards that the court will consider when deciding whether or not your property is fit for purpose. These include:
- The landlord is neglecting the building
- Is there enough natural light
- Is there enough ventilation
- Are there problems with the heating/hot water systems
- Problems with drainage
- Damp and mould growth
The full list is available here
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