The Homes (Fitness for Human Habitation) Act 2018 places a clear legal duty on social and residential landlords and letting agents acting on their behalf to ensure that all rented residential properties are fit for human habitation. This responsibility applies both at the beginning of a tenancy and throughout its duration.  

The Act strengthens tenants’ rights by enabling individuals to take legal action directly against landlords who fail to meet the required standards of property safety, repair, and habitability.  

What does “Fitness for Human Habitation” mean? 

The concepts of fitness for human habitation are defined under section 9a of the Landlord and Tenant Act 1985, which creates an implied term in every qualifying tenancy that the property being let must be fit to live in.  

A property might be deemed unfit if it suffers from issues that pose a risk to health, safety, or wellbeing. These include serious disrepair, problems with water supply or sanitation, structural instability, damp and mould growth etc.  This duty applies regardless of whether such requirements are explicitly set out in the tenancy agreement.   

Who Does the Act Apply to? 

The Act applies to most tenancies in England, with some exceptions. For example, it does not cover licences to occupy, or tenancies of more than seven years.  

Properties in Wales are governed by the Renting Homes (Wales) Act 2016 and Fitness for Human Habitation Renting Homes 2022 Regulations.  

Landlord Responsibilities under the Act 

Both social and residential landlords are legally required to:  

• Ensure their rental properties are safe and free from serious hazards; 
• Maintain property standards throughout the entire tenancy period; 
• Address repair issues promptly when they arise  

Situations Where A Landlord May Not Be Liable  

A landlord will not normally be held responsible for defects where the problem is caused by: 

• The tenants negligence or intentional damage; 
• Problems arising from the tenants own furnishings or possessions; or 
• Situations where repairs are not reasonably possible, for example due to a tenant refusing access 

What Happens If a Landlord Fails to Comply? 

If a property is not fit for habitation, tenants have the rights to take legal action against their landlord. When considering whether a property is fit for human habitation, the court will consider section 10 of the Landlord and Tenant Act 1985, and consider the property’s: 

• Repair 
• Stability  
• Freedom from damp 
• Internal arrangements 
• Natural lighting 
• Ventilation 
• Water supply 
• Drainage and sanitary conveniences 
• Facilities for preparation of food 
• Any of the “prescribed” hazards listed in the Housing Act and set out in the Housing Health and Safety Rating System (England) Regulations 2005. 

Court Powers  

If a court finds a breach, it may:  

• order the landlord to carry out essential repairs and improvements  
• award damages to the tenant, which could include compensation for inconvenience, distress or financial loss.  

In addition to tenant claims, local authorities hold a range of enforcement powers under housing legislation, enabling them to compel landlords to remedy unsafe conditions.  

Staying Compliant With Landlord Obligations  

The Homes (Fitness for Human Habitation) Act 2018 is only part of a landlords broader compliance responsibilities. Other legal requirements include gas safety, electrical safety, energy efficiency, fire safety etc.  

Future reforms, such as the Renters Rights Bill will impose further compliance duties, particularly in relation to damp and mould, tenant protection, and minimum property standards.  

Landlord Resources 

Landlords and letting agents should familiarise themselves with the requirements of the Act and ensure they adopt proactive measured to maintain compliance. Landlords should refer to Homes (Fitness for Human Habitation) Act 2018 Guide for more information. 

To assist landlords with compliance there are a range of checklists, documents and templates in Property to assist with the effective management of their tenancies.