This website uses cookies to improve user experience. By using our website you consent to all cookies in accordance with our Cookie Policy. Read more

Everything a Residential Landlord Needs to Know About the Homes (Fitness for Human Habitation) Act 2018

As a residential landlord in the UK, it is essential to understand the implications of the Homes (Fitness for Human Habitation) Act 2018 (HFHHA). The law was introduced with the purpose of protecting tenants from living in dwellings that are not fit for human habitation. It was passed on 20th March 2018 and came into effect on 20th March 2019.

The HFHHA amends the statutory obligations of landlords to ensure that they make sure that the homes they are renting out are fit for human habitation. This article will discuss the purpose of the HFHHA, the biggest changes it has made to the law and the risks of non-compliance for a landlord in the UK.

Purpose of the Legislation

The HFHHA was introduced to ensure that landlords comply with their legal obligation to provide tenants with safe and secure dwellings. The Act applies to both private and social landlords who are renting out dwellings in England.

The Act is designed to give tenants additional rights when it comes to challenging landlords who are not meeting their legal obligations. It requires that landlords must keep the property fit for human habitation at the beginning and throughout the whole of the tenancy.

The Biggest Changes Made To The Law

The Act has changed the landscape of landlord and tenant law significantly, as landlords now have more stringent obligations regarding the condition of their properties.

1. Inclusion of Habitability Implied Terms

The HFHHA states that all residential tenancies will now include implied terms in relation to the habitability of the property. This means that the property must be fit for habitation at the start of the tenancy, and must remain so throughout the tenancy.

The Act includes a list of requirements that must be met in order for the property to be considered fit for habitation.

These requirements include:

• Adequate heating and ventilation
• Asbestos in the property must be managed correctly
• Electrical safety and gas safety requirements must be met
• Sanitary facilities and basins must be in working order
• Adequate natural lighting
• Sufficient space for the occupants
• Protection from the risks of damp

2. Statutory Right of Action

The HFHHA gives tenants a statutory right of action if they believe the property is not fit for habitation. This right of action allows tenants to take their landlords to court to seek damages or compensation. The court will take into consideration the list of requirements outlined in the Act when determining whether the property is fit for habitation or not.

3. Landlord Obligations

The HFHHA amends the landlord’s obligations by requiring them to carry out repairs and maintenance to the property in a timely manner. In addition, the Act requires landlords to provide tenants with up-to-date copies of the Gas Safety Certificate and Electrical Installation Condition Report.

The Act also requires landlords to provide tenants with a copy of the Tenancy Deposit Scheme prescribed information. This is designed to ensure that tenants have a clear understanding of their rights and obligations when it comes to the tenancy deposit.

How Does This Impact Landlords in the UK?

The HFHHA has implications for landlords in the UK, as they must now ensure that they meet the requirements outlined in the Act. Landlords must ensure that their properties are fit for habitation at the start of the tenancy and throughout the tenancy.

Landlords must also be aware that they are now subject to more stringent obligations when it comes to repairs and maintenance. As such, they must ensure that they respond quickly and effectively to any repairs or maintenance issues that arise during the tenancy.

Furthermore, landlords must ensure that they provide their tenants with up-to-date copies of the Gas Safety Certificate and Electrical Installation Condition Report. They must also provide tenants with a copy of the Tenancy Deposit Scheme prescribed information.

Risks of Non-Compliance for a Landlord in the UK

If a landlord fails to comply with the requirements of the HFHHA, they may face serious consequences. A tenant can take the landlord to court to seek damages or compensation if they believe that the property is not fit for human habitation.

The court will consider the list of requirements outlined in the Act when determining whether the property is fit for habitation or not. If the court finds that the property is not fit for human habitation, the landlord may be liable to pay damages to the tenant.

In addition, landlords may face sanctions from the local authority if they fail to comply with their obligations. Local authorities are empowered to take action against landlords who are not meeting their legal obligations. This could include imposing fines and other sanctions.

Conclusion

The introduction of the HFHHA has significantly changed the landscape of landlord and tenant law in the UK. Landlords must now ensure that their properties are fit for human habitation at the start of the tenancy and throughout the tenancy. They must also carry out repairs and maintenance in a timely manner and provide tenants with up-to-date copies of the Gas Safety Certificate and Electrical Installation Condition Report.

Failure to comply with the HFHHA may result in tenants taking landlords to court to seek damages or compensation. In addition, landlords may face sanctions from the local authority if they fail to meet their legal obligations.

As a residential landlord in the UK, it is essential to understand the implications of the HFHHA. Landlords must ensure that they are compliant with the Act and that their properties are fit for human habitation.

Resources

https://www.legislation.gov.uk/ukpga/2018/9/contents/enacted

https://www.gov.uk/government/publications/the-homes-fitness-for-human-habitation-act-2018/the-homes-fitness-for-human-habitation-act-2018

https://www.theguardian.com/society/2019/mar/20/homes-fitness-for-human-habitation-act-tenant-rights

https://www.citizensadvice.org.uk/housing/renting-a-home/problems-with-a-private-rented-home/fitness-for-human-habitation-act-what