What is the Human Habitation Act For Landlords & Tenants in the UK

Do you want to know what the Homes Fitness for Human Habitation Act is for the property owners and property renters in the UK? This legislation shows that tenants should make sure that the property they are renting is safe, habitable, and fully compliant with the Home Fitness Act 2018. In the UK, about 84% tenants are happy with landlords for the rented homes. But in small numbers, some people are living in homes that do not follow this law.

The Property Management Company is providing you with further information on what this act is, when it was implemented, and what the tenant and landlord’s responsibilities are.

When does the Human Habitation Act Come into Force ?

The Homes (Fitness for Human Habitation) Act 2018 is a small part of the legislation that became law on 20 December 2018 when it gained royal assent. It was initially proposed by the Labour MP Karen Buck as a private member’s bill, and although there were two unsuccessful attempts in 2015. After receiving support from multiple political parties in Parliament, the bill passed both the House of Commons and the House of Lords and then became law.

During parliamentary debates, it was noted that at least 1000 MPS in Westminster needed to support the bill. The revised version of the bill was formally debated on 19 January 2018. In these discussions, the rent threshold for the applicability of this Homes Act was also discussed, such as £80 per year in London and £52 elsewhere.

Tenancies Covered Under the Homes (Fitness for Human Habitation) Act 2018

The Homes Act 2018 has made clear standards for the safety of residential properties for tenants. In England, this act applies to tenancies that are less than seven years. It also covers the subletting arrangements depending on the start date and structure of the tenancies. The properties that are covered under this act are Council housing, housing associations, and private landlords or letting agents.

Types of Tenancy Included

The tenancies that are included in this home fitness law are given below:

• Secure tenancies
• Assured tenancies
• Assured shorthold tenancies
• Introductory tenancies

This law makes the landlords accountable to provide the security and full support to the tenants during the tenancy agreement.

Tenancies Starting or Renewed From 20 March 2019

New tenancy agreements

The tenancy agreements that are done after 20 March 2019 will follow the Home Fitness Act. Landlords set the living standards according to it from the start of the tenancy.

Renewed Tenancies

If the tenancy exists before 20 March 2019 and is renewed after this date, then this law will be applied at the renewal of the tenancy agreement. For this purpose, landlords should perform a detailed check at the beginning of the new tenancy. It also includes the 

• Statutory periodic tenancies that started on or after 20 March 2019.
• Contractual periodic tenancies that are agreed on or after that date.

When Is a Property Fit For Human Habitation?

A property is considered fit under the Human Fitness Act when it is in a suitable condition, having no risk to the health and safety of the people who are living in it. There is no exact, strict list of the defects, but includes these serious defects, such as repair, structure, damp, ventilation, or water supply, etc. The property is considered fully fit for the tenants when it meets these requirements, such as 

• Repair and stability of the building
• Surplus natural lightning and ventilation
• Perfect water supply and sanitary facilities
• Proper drainage and cooking facilities
• Not have serious hazards under the HHSRC.

When a Home Is Unfit for Human Livable Housing

Section 9A and the Tenant 1985 Act create legal responsibility for the landlords who rent out property to make sure that it is safe, habitable, and suitable for someone to live in. A home is declared as unfit for tenants when it does not meet the legal requirements of the Human Fitness Act 2018. It includes the unfit conditions such as:

• Structural Defects
• Damp and Mould
• Faulty Heating or Plumbing
• Infestations
• Gas or Fire Hazards
• Failure to Comply With HHSRS Hazards
• Unsafe Electrical Installations

Cases When the Fitness Act Does Not Apply to the Landlords In Section 9A

The rare cases in which landlords are not eligible for the following Fitness Safety Act. When the tenant damages the property, such as breaking the windows, etc then they have to pay for the repair. If the property is damaged by natural disasters such as floods, fires, or storms, then landlords are responsible for restoring the property to habitable.

Tenancies Not Covered by the Homes Fitness Act for Habitation Rules

This act generally does not apply to the fixed-term tenancies that start after 20 March 2018. The contractual tenancies that are from the old agreements can be excluded. On the other hand, Periodic tenancies before this date are only covered for defects that arise on or after 20 March 2020.

Hazards Under the Housing Health and Safety Rating System (HHSRS)

The Housing Health and Safety Rating System is the official government method of checking the hazards in England and Wales. Landlords should make clear that residential property does not face the category 1 hazards that cause serious problems for the tenants. These risks include these dangers

1. Damp and mould growth
2. Excess cold or heat
3. Electrical hazards
4. Falls such as on stairs due to a slippery floor.
5. Pest infestations
6. Gas or Structural issues.

Legal Action that Tenants Can Take if the House Is Unfit 

In case the rented property is not safe for the tenants, they are facing more serious dangers than they can take legal action against the landlords. Before the legal actions, renters should inform the homeowners about the property defects in the written form. They should keep the record of the communication, photos and repairs. If the landlords fail to follow the act, then tenants can take severe legal actions such as

1. They can get an injunction from the court to make the property owners solve the problem.
2. Also, they can claim compensation for the discomfort that is caused by the landlord’s negligence.
3. Report to the local council for remedial works at the landlords expenses.

Recovering Costs For Repairs To an Unfit Property

For recovering the repairs or damages, the expenses will be covered legally by the landlord, not the tenant. If the damages are done by the tenants, then they may be responsible for their repairing cost. Landlords can also cover costs through the lawful service charges if it is allowed in the tenancy agreement. Such as shared facilities or improvements to common areas, but these charges should be reasonable for the tenants and easy to afford.

What Is the Difference Between Section 9A and Section 11 Repair Obligations?

The explanatory difference between sections 9A and 11 is  highlighted below in a table:

Point of Comparison	Section 9A- Fitness for Human Habitation	Section 11- Repair Obligations
Legal Source	Section 9A of the Landlord and Tenant Act 1985 (as amended by the Homes Act 2018)	Section 11 of the Landlord and Tenant Act 1985
Main Purpose	Make sure that the property is safe and suitable for the tenancy.	It is required to keep the parts of the property in proper repair.
Scope of Responsibility	It covers all living conditions that also includes health and safety risks.	It covers all the important factors such as exterior, heating, water, gas, electricity and sanitation systems.
Examples of Issues	The common issues are severe damp, mould, unsafe layout, lack of ventilation and category 1 hazards,etc.	The common examples are broken boiler, a leaking roof, faulty wiring and damaged plumbing ,etc.
When It Applies	From the start of the tenancy and continues throughout.	Applies during the tenancy once the landlord is notified of disrepair.
Tenant Legal Action	The tenant can take direct court action if the property is unfit.	The tenant can claim if the landlord fails to carry out necessary repairs.
Key Difference	Focuses on overall habitability and safety standards.	Focuses specifically on repairing and maintaining key elements of the building.

Fitness for Human Habitation Checklist

The complete checklist that meets the requirements for the Homes (Fitness for Human Habitation)Act 2018 is given below:

General condition & safety

• No dangerous structural effects such as in walls, floors and celilings etc.
• There is no danger that can cause health or safety risk issues.
• Safe layout with no trip or fall dangers.

Damp, Mould & Ventilation

• The rented properties should not have persistent damp or mould growth.
• Proper ventilation system in all rooms.

3. Lighting & Environment

• There is sufficient sunlight in the living room.
• Internal spaces and layout do not create safety hazards.

4. Heating & Water

• In the entire residential space, the heating system is operating normally.
• The system of the hot and cold water supply should be reliable.

5. Sanitation & Drainage

• Provide a toilet and bathroom in which all the facilities are available.
• There is a proper system of drainage and waste disposal.

6. Cooking & Food Preparation

• Adequate facilities for preparing and cooking food.

7. Fire & Safety Measures

• The smoke detectors should be functional and installed properly.
• Also, install the Carbon monoxide alarms where needed.
• The emergency route should be clear according to the fire safety regulations.

8. Hazard Review (HHSRS)

• The residential space should be free from carbon monoxide or hazardous pests.
• There should be no fire risk or electrical danger.
• It should be safe from structural issues such as slips, trips or falls.

The Penalties That Landlords Can Face If They Fail To Follow the Human Fitness Act For Homes

Those landlords who fail to maintain properties with the Homes Fitness Act can face serious legal and financial consequences.These penalties protects the tenants and make the each residential property align with the safety standards.

Penalty	Explanation	Authority
Fines	Up to £30,000 for failing to fix serious hazards.	Local Council
Court Action	Tenants can seek repair orders and compensation.	Courts
Council Repairs	Council can complete works and charge the landlord.	Local Council
Loss of Income	Property may be difficult to re-let during enforcement.	Indirect Impact
Prosecution	Serious breaches may lead to criminal conviction.	Courts or Council

Conclusion

The homes (Fitness for Human Habitation) Act 2018 protects the tenants by making the landlord responsible for keeping the rented properties safe ,healthy and fit to live in. Tenants have the right to report any negligence about the property disrepair to the court and take legal action if the serious hazards are ignored by landlords. They should comply with Section 9A duties to avoid penalties. If both landlords and tenants understand their legal duties they can maintain safe,comfortable homes that meet the legal standards.

Frequently Asked Questions