Guidance: Fitness for Human Habitation

Guidance Note: Homes (Fitness for Human Habitation) Act 2018

PROP.RESI.01

This Guidance Note: Homes (Fitness for Human Habitation) Act 2018 explains the obligations upon social housing landlords, private residential landlords and agents (acting on their behalf), to ensure property is fit for human habitation both at the beginning and throughout the tenancy. This Act comes into force on 20 March 2019.

If a landlord (or agent) fails to comply with these obligations, a tenant will now be able to take direct action against their landlord and take them to court for breach of contract.

This Guidance Note looks at the obligations in further detail and what is meant by the standard ‘fit for human habitation’ and which tenancies are affected by this Act.

This Guidance Note also looks at the exemptions where the landlord will not be held liable, the possible consequences of a breach and a list of best practices which a landlord and letting agent should follow to ensure that they do not fall foul of these obligations.

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