Homes (Fitness for Human Habitation) Act 2018 comes into force TODAY on 20th March 2019 – the commencement date!

 

The whole idea behind this, is that it makes rental property safer.

 

First off, it keeps the wording of the 1985 Act:

 

“when determining whether a house is unfit for human habitation, regard is given to its condition concerning factors such as repair, stability, freedom from damp, natural lighting, ventilation, water supply, drainage and sanitary services and facilities for food preparation/cooking”.

 

And then the 2018 Act adds to that to say:

 

‘any prescribed hazard’

 

Which is simply anything which can cause a risk to the health and safety of the occupier.

 

If the risk to health and safety arises, the property isn’t fit for human habitation!

Just to be clear, the Act applies to:

 

  • all leases of less than seven years granted on or after the commencement date, including new periodic tenancies;
  • all fixed term tenancies granted before the commencement date but that become periodic tenancies after the commencement date (i.e. statutory periodic tenancies arising after a fixed term assured shorthold tenancy comes to an end, secure tenancies arising after an introductory tenancy, or an assured tenancy after a starter tenancy)
  • all periodic tenancies in existence both at the commencement date and 12 months after the commencement date (i.e. existing statutory periodic tenancies, secure tenancies, assured tenancies and protected tenancies)

 

It also applies to any part of a property, so if you’ve got a flat and there is a ‘risk’ in the common parts, it still applies!

 

What happens if a tenant believes a property isn’t fit for human occupation?

 

They can issue court proceedings against the Landlord… or go to citizens advice or environmental health.

 

The court can then issue specific performance against the Landlord.

 

How can you comply?

 

Regular inspections! Quarterly… and if you notice anything is amiss then get it sorted out ASAP.

 

Yes, that includes damp, mould, small leaks, peeling paint… DO NOT ignore it.

 

Now the onus is on Landlords to solve these problems. Don’t wait for the tenant to report it, you must be proactive!

 

How do you feel about this new act? Comment below, I’d love to hear from you!

 

Natasha

 

P.S Remember to share this because it will be useful for other Landlords and Property Investors… they definitely need to know about this!