The Homes (Fitness for Human Habitation) Act 2018 (the Act) came into force on 20 March 2019. The Act amends the obligations of Landlords under section 11 of the Landlord and Tenant Act 1985 (“LTA 1985”) which is where the current fitness for human habitation is described. The Act has been introduced to ensure that all rented accommodation is adequate for human habitation at the time the tenancy is granted and throughout the term.
The Act applies to all new tenancies which are granted for a term of less than seven years. Periodic tenancies which are in existence on 20 March 2019 will have one year to comply but if the tenancy becomes periodic on or after 20 March, then the Act will apply thereafter. The tenancies which don’t apply are those granted to a business, a local authority, a registered social landlord or the Crown. Further, those tenancies where section 11 of the LTA 1985 did not apply previously and tenancies for agricultural holdings.
The Act does not provide any new obligations on the Landlord, it simply ensures that all Landlords are following their responsibilities to ensure that the properties they rent out to tenants are fit for habitation. It is essential that the Landlord inspects the property thoroughly before any new letting. It is also advisable for regular inspections to be carried out throughout the tenancy to ensure any works are completed so the property remains fit for human habitation. The tenant must therefore allow the Landlord to view the property at reasonable times of the day on receipt of at least 24 hours’ notice.
A property will be deemed unfit for human habitation if it is defective in one of more of the following ways; repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparation and cooking of food and for the disposal of waste water and the addition of “any prescribed hazard”.
A hazard is defined as any risk of harm to the health or safety of the tenant. For example, matters that could now cause a property to be considered unfit are; damp and mould growth, asbestos, carbon monoxide, domestic hygiene, food safety, to name a few.
It is expected that as with the Landlord’s current obligations under the LTA 1985, the Landlord will not be in breach of the covenant imposed until notice has been given and a reasonable period has been allowed to carry out the necessary works to rectify the situation.
If you require any further assistance with knowing your obligations as a Landlord or are having any problems, please email Nicole Kalli at nk@cbglaw.co.uk or call 020 7462 6960.