The Homes (Fitness for Human Habitation) Act 2018 received Royal Assent on 20 December 2018 and comes into force on 20 March 2019. The Act extends to England and Wales, but its practical changes are only for England.
The Act will come into force on 20 March 2019 and will apply to new tenancies (of less than 7 years) including a renewal of an existing tenancy from then.
The Act applies to any lease under which a dwelling is let wholly or mainly for human habitation for a term of less than 7 years and certain secure tenancies found in section 13(1A) and (1B) Landlord and Tenant Act 1985.
In determining whether a house or dwelling is unfit for human habitation, the following matters will be considered:
- Repair
- Stability
- Freedom from damp
- Internal arrangement
- Natural lighting
- Ventilation
- Water supply
- Drainage and sanitary conveniences
- Facilities for preparation and cooking of food and for the disposal of waste water.
The house or dwelling shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.
The matters that could now cause a property to be unfit will also include from 20 March 2019:
- Damp and mould growth
- Excess Cold
- Excess heat
- Asbestos and MMF
- Biocides
- Carbon monoxide and fuel combustion products
- Lead
- Radiation
- Uncombusted fuel gas
- Volatile organic compounds
- Crowding and space
- Entry by intruders
- Lighting
- Noise
- Domestic hygiene, pests and refuse
- Food safety (inadequate provisions)
- Personal hygiene, sanitation and drainage
- Water supply
- Falls (baths, between levels, level surfaces and stairs)
- Electrical hazards
- Fire
- Flames, hot surfaces etc
- Collision and entrapment
- Explosions
- Position and operability of amenities etc
- Structural collapse and falling elements
For any unfitness within the dwelling, the landlord’s liability to the tenant will not start until the landlord has had notice of the unfitness and the landlord has had a reasonable period to rectify the unfitness.
For any unfitness arising from the landlord’s retained, the landlord will be deemed to be on notice as soon as the unfitness arises, and liable after a reasonable time to remedy the defects.