On 20th March 2019, the Government introduced the Fitness for Human Habitation Act in England. This law, which is also known as the Homes Act, essentially ensures that all rental properties are deemed safe.
While the majority of landlords will only rent out properties that are safe, the new law protects tenants should their landlord fail to keep them safe.
Who does the act apply to?
The Fitness for Human Habitation Act is applicable to all social or private rental properties. This means landlords are responsible for adhering to the Act, and tenants can take action using the Act if their landlord doesn’t keep to the new laws.
Tenants who signed a tenancy agreement from 20th March 2019 will be able to use the Fitness for Human Habitation Act straight away, if they feel their rental property is not safe.
However, tenants who signed a tenancy agreement before 20th March 2019 won’t be able to use the Fitness for Human Habitation Act. If you have a secure or assured tenancy, statutory tenancy or a private periodic tenancy, you will be able to use the Act from 20th March 2020. However, if the tenancy is a fixed term contract that began before 20th March 2019, then tenants will have to wait until the end of the tenancy.
That’s not to say that any problems tenants – who signed their tenancy before 20th March this year – face with their rental property cannot be dealt with, as you can still complain to your letting agent or local council about taking action.
Exceptions to the rule
While tenants are entitled to a home that’s safe and fit for habitation, there are some exceptions where your landlord wouldn’t be responsible.
One instance is if the tenant is responsible for the reason why a property is no longer fit for habitation. This could be due to damage caused by the tenant or through illegal activity. Where this is the case, the tenant will actually be the one responsible for putting the problem right.
When it comes to possessions, the landlord is only responsible for possessions that are included in the inventory at the start of the tenancy, and not the tenant’s own possessions.
Landlords may also need to seek permission from all parties before taking action on making a rental property fit for habitation. For example, in the case of flats, landlords will have to get permission from the building owners, and even the council, before they can make certain changes to a property.
Lastly, landlords are not held accountable for acts of God, such as fires, storms and floods, as these are beyond a landlord’s control.
Although only currently applying to England you can be sure that the Welsh Government will follow suite at some point.
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