The Homes (Fitness for Human Habitation) Act 2018 was introduced to reinforce tenants’ rights and ensure that rented properties meet specific living standards. The Act, effective since March 20, 2019, addresses concerns regarding the condition of rental properties and the well-being of tenants. In this week’s blog, we will discuss the Homes Act 2018 and discuss how it is used to assess and enforce a tenant’s rights.
Background
Before the introduction of the Homes Act, tenants had limited legal recourse if their rented properties were in substandard conditions. The Homes Act amends the Landlord and Tenant Act 1985, extending landlords’ obligations to maintain their properties in a state fit for human habitation.
The Act applies to the private rented sector, as well as applying to housing associations or local authorities.
How is the Act used?
Under the Homes Act, a landlord must make sure that their property is free of any hazards which would make the property unfit for human habitation.
But what counts as unfit for human habitation? A property is deemed fit if it’s capable of occupation without risk to the health and safety of the occupants. It also shouldn’t cause any undue inconvenience or discomfort to the occupier.
This is partially assessed using the Housing Health and Safety Rating System (HHSRS), which was introduced in the Housing Act 2004. The rating system provides a list of 29 hazards; if any of these hazards are identified within a property,
a judge may rule that the home is unfit for human habitation.
The list of hazards includes:
· Damp and mould growth
· Excess cold
· Excess heat
· Issues with sanitation
· Asbestos
· Risk of falls
· Fire risk
· Structural risks
It’s important to stress that a home won’t definitely be considered unfit for human habitation if one of the 29 hazards is present. To assess this, the amount of hazards (and their severity) will be looked at against an assessment of the type of person living in a property. Although it’s highly likely that any severe hazards will result in the home being classed as unfit, it’s also possible that minor defects will be less likely if they aren’t seriously impacting the tenant’s quality of life or use of the building.
Who does the Homes Act 2018 apply to?
The Homes Act applies to all new and renewed tenancy agreements, binding landlords to maintain the fitness for human habitation standard. For existing tenancies, the Act applies from March 20, 2020.
The Act doesn’t need to be written into a tenancy agreement, with its terms implied to any new tenancy. It’s also against the law to put terms into any tenancy agreement which would allow the landlord to ignore the Act.
How to avoid action as a landlord
As a landlord, it’s essential to be aware of the obligations in the Act and to maintain buildings regularly. According to the National Residential Landlords Association (NRLA), you also should ensure your property is not:
· laid out in an unsafe manner
· lacking in natural light
· lacking suitable ventilation
· encountering issues with drainage or the lavatories
How to make a claim as a tenant
If you’re a tenant and you think your home is unfit for human habitation, it’s important to seek legal advice. It’s also possible to get initial free advice from organisations such as Shelter and Citizen’s Advice.
If you’re a landlord and need advice regarding a defect or maintenance issue to your property, contact us for an initial chat.