Homes (Fitness for Human Habitation) Act 2018 – guidance issued
The above Act came into force on 20th March 2019 and guidance has now been issued. The Act is designed to ensure all rented accommodation is fit for human habitation and to strengthen tenants’ means of redress against the small minority of landlords who do not fulfil their legal obligations to keep their rental properties safe.
The legislation allows for tenants to bring court actions without having to involve the local authority and allows a judge to decide whether a property is unfit for human habitation based on evidence. The courts can require compulsory improvement to the condition of the property or compensation to the tenant (potentially for the whole of the tenancy contract period) or both.
It is important to stress that there are no new obligations for landlords under this Act; it requires landlords to meet their existing responsibilities already laid out in law. Landlords who regularly maintain and visit their property should have no reason to fear this new legislation; however there may be some steps they can take to protect themselves from vexatious claims:
Inventories – an important record of the contents and condition of the property at the start and the end of the tenancy which can help if there is a dispute over damage caused by the tenant.
Inspections – allows the landlord the opportunity to check the condition of the property and deal with any issues not reported by tenants.
Reporting of defects – tenants should always be encouraged to report defects as soon as they spot a problem, firstly because the landlord is obliged to deal with some issues such as heating and hot water within a reasonable time, and secondly because some defects can become more serious if left.
Letting agent terms and conditions – if a landlord uses a letting agent or manager to look after their property they should check the contract or terms and conditions to be clear on their duties and responsibilities.
Record keeping – landlords should maintain all paperwork in an orderly manner, including receipts, correspondence, notes, certificates. Any conversations with tenants or visits to the property should also be noted. If an agent is used, landlords should ask for a copy of the inventory and ask to be kept informed of any issues they have to address during the tenancy.
As with all new legislation there are criteria and exceptions – further details can be found here:
