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Fitness for Human Habitation Act comes into force for existing tenancies
Legislation making it easier for social and private renters to take legal action against their landlords for a wider range of disrepair issues comes into force for existing tenancies today.
The Homes (Fitness for Human Habitation) Act 2018 adds hazards listed in the government’s housing health and safety rating system (HHSRS) to requirements set out in the Landlord and Tenant Act 1985.
Tenants will therefore be able to legally compel their landlord to fix any of the 29 HHSRS hazards, which range from fire safety issues to damp and mould or poor natural lighting and ventilation.
The act came into effect for new tenancies on 1 March 2019, but from today it also applies to all existing periodic tenancies.
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According to the 2018/19 English Housing Survey, there are 223,131 social homes in England with a ‘category 1’ hazard under the HHSRS and 678,192 such homes in the private rented sector, with many of these unlikely to comply with the new legislation.
CLICK HERE TO READ A FEATURE ON HOW SOCIAL LANDLORDS HAVE PREPARED FOR THE ACT
Lawyers have previously warned that the act could “radically change” how social landlords deal with defects.
But some in the sector have argued that the legislation does not introduce significant new requirements for social landlords beyond the existing Decent Homes Standard and health and safety obligations.
Others have expressed concerns that housing associations and councils could face a tsunami of claims as unscrupulous solicitors seek to capitalise.
The act was initially proposed as a Private Members’ Bill by Labour MP Karen Buck and became law in December 2018 after the government took the highly unusual step of backing the proposals.
