Homes Fitness for Human Habitation
This factsheet sets out the landlord’s responsibilities in England under the Homes (Fitness for Human Habitation) Act 2018 to ensure that rented property is fit for human habitation at the start of the tenancy and throughout the tenancy.
The requirements initially applied to new tenancies (with a term of less than 7 years) which were granted on or after 20th March 2019 (including renewals) and tenancies that were fixed term and became periodic on or after 20th March 2019. Since 20th March 2020 the requirements now also apply to tenancies that were periodic prior to 20th March 2019.
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 courts will decide whether a property is fit for human habitation and in doing so will consider whether:
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