What the Homes (Fitness for Human Habitation) Act 2018 means for advisers
How-to-guide explaining how the Act enshrined a legal minimum standard of conditions in rented homes
The law in this article applies to England only. This article is correct at the date of publication.
Last year the Government passed The Homes (Fitness for Human Habitation) Act 2018. This Act was designed to strengthen the rights of renters in England and enshrine a legal minimum standard of the condition of their rented home.
It implies a term into tenancy agreements that a dwelling is “fit for human habitation” at the beginning of a tenancy, and will remain so during the tenancy. It also gives tenants a mechanism to take action through the courts for breach of contract where a landlord fails to comply with their obligations.
Who does the Act apply to?
The Act applies to most new tenancies that commence from 20 March 2019. This includes existing tenancies that are renewed or become periodic on or after that date.
It will apply to most other tenancies that are still in existence from 20 March 2020. This is subject to certain restrictions — see our detailed briefing specifically written for advisers which contains more information.
What does ‘Fit for human Habitation’ mean?
In determining whether a dwelling is unfit for human habitation, regard shall be had to its condition regarding:
- Repair, stability, freedom from damp
- Internal arrangement, natural lighting and ventilation
- Water supply, drainage and sanitary conveniences
- Facilities for preparing and cooking food and disposing of waste water
- For dwellings in England, any prescribed hazard which gives rise to a risk of harm to the health or safety of an actual occupier
‘Dwelling’ also includes common parts of the building that the landlord has an estate or interest in. This means the legislation could cover items such as hazardous cladding on a block of flats.
A house or dwelling shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation.
What happens if the term is breached?
If a tenant’s home is not fit for human habitation, they can apply to court for breach of contract and claim both damages and an order for specific performance. They will need to provide evidence of this, and that the landlord is aware of the defects but has not corrected them.
However, the new implied rights don’t come with any additional protection from retaliatory eviction. Your client may be at risk of eviction if they complain.
Remember, the new law can be used alongside existing rules that already give protection to tenants, for example, s.11 of Landlord and Tenant Act 1985. This could be particularly helpful where a client complains about several items of disrepair and only some of those fall under the scope of the new Act or where the disrepair started before the coming into force of that Act.
Looking for more information?
- Expert Advice technical briefing — Homes (Fitness for Human Habitation) Act 2018
- House of Commons Library Briefing: Homes (Fitness for Human Habitation) Bill 2017–19, 14 December 2018
If you’re an adviser that needs further advice on individual case queries, you can submit a consultancy request to the Housing Expert Advice team (this service is only available to Citizens Advice advisers).
Rachael Gore is a member of the Housing Expert Advice Team at Citizens Advice.
