Guidance Note: Homes (Fitness for Human Habitation) Act 2018

This Guidance Note: Homes (Fitness for Human Habitation) Act 2018 explains the legal responsibilities of private and social landlords (and letting agents acting on their behalf) to ensure that rented homes are safe, free from hazards, and legally "fit for human habitation" at the start of the tenancy and throughout its duration. 

What is the Homes (Fitness for Human Habitation) Act 2018?

The Act came into force in 2019 and amended the Landlord and Tenant Act 1985 to improve housing standards and strengthen tenant's rights.  It introduced an implied term into most tenancy agreements, meaning landlords are automatically responsible for ensuring their properties are safe and free from serious hazards, even if the tenancy agreement does not expressly state this. 

Who does the Act apply to and what tenancies are covered under the Act?

The Act applies to private and social housing landlords and letting agents instructed on behalf of the landlord. The Act generally applies to assured shorthold tenancies, and periodic tenancies. Some tenancies are excluded, such as licences to occupy. 

What happens if a landlord fails to comply?

If a landlord breaches these obligations, tenants have the right to take direct action against their landlord and take them to court for breach of contract and seek compensation.  The court can order the landlord to carry out necessary repairs and may also award compensation (no fixed limit). 

Why is this Guidance Note important for landlords?

With the forthcoming Renters Rights Bill set to introduce further compliance obligations, including:

• Introduction of the  Decent Homes Standard;
• Implementation of Awaabs law on damp and mould standards;
• Requirement to join private rented sector ombudsman 

This Guidance Note provides an overview of the legal obligations, potential consequences of non-compliance, and best practice to ensure your properties are compliant. 

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