The Home (fit for human habitation) Act 2018

On 20 March 2019 a new law came into force to make sure that rented houses and flats are ‘fit for human habitation’, which means that they are safe, healthy and free from things that could cause serious harm.

Most landlords make sure that the houses and flats they rent out are safe and secure, warm and dry. But some landlords do not, and this means that some tenants live in dangerous or unhealthy conditions. This new law, the Homes (Fitness for Human Habitation) Act 2018, will help these tenants and make sure irresponsible landlords improve their properties or leave the business.

If rented houses and flats are not ‘fit for human habitation’, tenants can take their landlords to court. The court can make the landlord carry out repairs or put right health and safety problems. The court can also make the landlord pay compensation to the tenant so it may be worth checking in with your tenants to see if any of the following is an issue;

• the building has been neglected and is in a bad condition
• the building is unstable
• there’s a serious problem with damp
• it has an unsafe layout
• there’s not enough natural light
• there’s not enough ventilation
• there is a problem with the supply of hot and cold water
• there are problems with the drainage or the lavatories
• it’s difficult to prepare and cook food or wash up
• damp and mould growth
• excess cold
• excess heat
• asbestos and manufactured metal fibres
• biocides (chemicals that treat mould)
• carbon monoxide
• lead
• radiation (from radon gas, which is airborne or in water)
• uncombusted fuel gas (leaks in gas appliances)
• volatile organic compounds (chemicals which are gases at room temperature)
• crowding and space
• entry by intruders (such as not having a lock on your front door)
• lighting
• domestic hygiene, pests and refuse (including inadequate provision for disposal of waste water and household waste)
• noise
• food safety
• personal hygiene, sanitation and drainage
• water supply
• falls associated with bath or shower
• falls associated with stairs and steps
• falls on the level (danger of falling on a flat surface)
• falls between levels (danger of falling from one level to another, for example, falls out of windows)
• electrical hazards
• fire and fire safety
• hot surfaces and materials
• collision and entrapment
• explosions
• physical strain associated with operating amenities (i.e. very heavy doors)
• structural collapse and falling elements