Clarkson Wright and Jakes Ltd Banner Image

Insights

Is Your Property Fit For Human Habitation?

The Homes (Fitness for Human Habitation) Act 2018 (HFHHA 2018) has created a new right for tenants where landlords have failed to maintain their home to the appropriate standard.

The first Banning Order was made recently. Under that order, the landlord is prohibited from renting properties to any tenant and was also ordered to repay 12 months’ rent. This proves that this new Act will make an impact on the regulations in place for the private rental sector

The new legislation has only been in force since March 2019, and this article only provides an overview of the HFHHA 2018 and what obligations it enforces. However, as the HFHHA 2018 is already being employed by those acting for tenants, we can expect its scope and interpretation to come before the courts imminently.

What is it?
The HFHHA 2018 is an Act to amend the Landlord and Tenant Act 1985 to require that residential rented properties be maintained in a state of fitness for human habitation; and for connected purposes.

As the name suggests, the primary purpose of the HFHHA 2018 is to imply into most (but not all) tenancy agreements that the property must be fit for human habitation at the start of the agreement, and that the property remains fit for human habitation until the tenancy is determined.

When did it come into force?
The HFHHA 2018 came in to force on 20 March 2019 and applies to all tenancies of properties in England that have started on or since that date, which are private residential tenancies granted for a term of less than 7 years. This means that it applies to all tenancy agreements that began as a fixed term before the start date but become a periodic tenancy after the start date. It will also apply to statutory periodic tenancies arising after an assured shorthold fixed term.

The Act will also apply to some tenancies within the social housing sector.

Tenancies that it will not yet apply to within the private rental sector are: periodic tenancies and secure tenancies but, they too will be covered by the HFHHA 2018 from 20 March 2020.

When is a property not fit for habitation?
Fit for human habitation means that a property must be safe, healthy and free from things that could cause serious harm. The aim is to give tenants a way to make sure irresponsible landlords improve their properties to an appropriate standard; if they do not, the tenant has recourse through the courts.

In determining whether a house is unfit for human habitation, landlords and tenants can look at section 10 of the LTA 1985: 
“(1) In determining for the purposes of this Act whether a house or dwelling is unfit for human habitation, regard shall be had to its condition in respect of the following matters—
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;
in relation to a dwelling in England, any prescribed hazard;
and 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.

(2) In subsection (1) “prescribed hazard” means any matter or circumstance amounting to a hazard for the time being prescribed in regulations made by the Secretary of State under section 2 of the Housing Act 2004.

(3) The definition of “hazard” in section 2(1) of the Housing Act 2004 applies for the purposes of subsection (2) as though the reference to a potential occupier were omitted.”

(Section 10, LTA 1985 [as amended by the HFHHA 2018].

What is a prescribed hazard?
A prescribed hazard means any matter or circumstances amounting to a hazard prescribed in regulations made under section 2(1) of the Housing Act 2004 (that is, the list of twenty-nine Housing Health and Safety Rating System (HHSRS) hazards).

So, what next?
The HFHHA 2018 has given tenants a new way to force their landlords to improve conditions in their homes and, if appropriate, to be compensated for the loss. It will be interesting to see how this new piece of legislation is going to work alongside the existing disrepair arguments, and I am sure that over the coming months there will be a swathe of county court judgments addressing the use and scope of the HFHHA 2018.

 

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.