The Homes (Fitness for Human Habitation) Act 2018, act which will come into force on the 20th March 2019, is actually an update to the Landlord and Tenant act 1985. It will cover tenancies of less than seven years, in both the social and private sectors, which surely must be the majority.
The new law is designed to prevent tenants having to put up with unsafe or unsanitary conditions, and will allow them to take effective action themselves if they rent a property in poor condition and the landlord fails to undertake necessary maintenance.
Courts will have the authority to order landlords to carry out repairs and they will also be able to award damages to tenants.
A property will be deemed unfit for habitation if there are serious defects in any of the following categories:
- 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
In most cases it is the landlord who is responsible for the fitness for habitation; however, the act does not make landlords responsible for damage or disrepair caused by the tenant’s behaviour.
Provided it is the responsibility of the landlord, then they should carry out the necessary works to put the issue right although there are some exemptions. 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 the superior landlord, or for which they cannot obtain third-party consent.
Of course, good landlords don’t have anything to worry about; a reasonably maintained property should not be deemed unfit. It is therefore vital that landlords who have managing agents looking after their properties are confident their agent is professionally maintaining their properties on their behalf.
Only landlords of properties suffering serious disrepair issues should be affected. However, private landlords responsible for regulated tenancies where repair and modernisation may have been limited by sitting tenants need to be aware of the Act’s provisions.
As with any new legislation only time will tell exactly how it will be interpreted by the courts, and whether there will be unintended consequences, for landlords and tenants alike.
