Homes Fitness for Human Habitation

Commencement and Scope:

The Homes (Fitness for Human Habitation) Act 2018 (HFHHA 2018) came into force on 20^th March 2019, initially applying to new tenancies with a term of less than 7 years and fixed term tenancies that became periodic on or after that date.  The HFHHA 2018 now applies to most residential tenancies including assured periodic tenancies and amends the Landlord and Tenant Act 1985 (LTA 1985) to insert a requirement for rented properties to be fit for human habitation.  Landlords must ensure that their properties are safe and free from risks that may cause harm to the occupier.  The HFHHA 2018 does not apply to licences to occupy (e.g. lodgers) – see sections 9A to 9C LTA 1985 for full list of exemptions. This factsheet sets out the landlord’s responsibilities in England under the HFHHA 2018.

Property fitness:

The Homes (Fitness for Human Habitation Act) 2018 implies a term into a tenancy agreement that the property is fit for human habitation at the time the tenancy is granted or, if later, at the beginning of the tenancy and that it will remain fit for human habitation during the term of the tenancy (s9A LTA 1985). The implied term includes any common parts of the building in which the landlord has an estate or interest (s9A(6) LTA 1985).

The house or dwelling shall be regarded as unfit for human habitation if it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition (s10 LTA 1985). Section 10 LTA 1985 sets out criteria for the courts to consider when assessing a property for fitness for human habitation which includes whether: