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Government backs ‘Fitness for Habitation’ bill

The government yesterday announced support for new legislation proposed by a Labour MP which sets new standards for rented homes and gives tenants new rights to take legal action against their landlords.

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Housing secretary Sajid Javid confirmed support for Westminster North MP Karen Buck’s private members’ bill, which will affect tenants in both the social and private rented sectors.

It will allow tenants to sue landlords for breach of contract “if they don’t ensure their property is fit for human habitation” at the beginning of a tenancy and throughout, according to a statement.


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Ms Buck told Inside Housing: “I’m really pleased the bill stands a fair chance of becoming law and I think it will. It is a recognition of the fact that we do need to strengthen tenants’ rights and do more to bear down on the minority of bad landlords.”

Ms Buck also welcomed the “very unusual” instance of the government backing an opposition-led bill: “We are currently in opposition, so the chances that you can actually influence legislation are rare. If [the government] is willing to make that concession then I’m really pleased it has, and I want this to be a constructive working relationship in getting something done for tenants.”

Ms Buck previously put forward the Homes (Fitness for Habitation) Bill 2015/16 in October 2015, which did not receive government backing. But she said the revised bill was “broadly speaking the same”.

According to Ms Buck, tenants can currently only take legal action against disrepair of elements of the property, but cannot sue due to missing features, such as ventilation or fire safety.

Ms Buck told Inside Housing that “undoubtedly the horror of Grenfell made everybody take stock and look again at the issues of risk, safety and tenants’ rights and how they should be listened to”. However, she stressed that while Grenfell may have been part of the government softening its position on the bill, it was not “all about Grenfell”.

Government support for the legislation follows the introduction of powers for local authorities to crack down on landlords renting unsafe or substandard accommodation, including the ability to fine landlords up to £30,000. From April this year, councils will be able to issue banning orders to particular offenders.

Mr Javid said: “Everyone deserves a decent and safe place to live. Councils already have wide-ranging powers to crack down on the minority of landlords who rent out unsafe and substandard accommodation.

“However, public safety is paramount and I am determined to do everything possible to protect tenants. That is why government will support new legislation that requires all landlords to ensure properties are safe and give tenants the right to take legal action if landlords fail in their duties.”

The Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017/19 is now due for its second reading on Friday 19 January.

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