Last amended by Commencement in 2019. The Act received Royal Assent on 20 December 2018 and came into force on 20 March 2019. The implied covenant applied immediately to tenancies granted on or after that date, and from 20 March 2020 to periodic tenancies already in existence. legislation.gov.uk records no outstanding effects on the Act.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Homes (Fitness for Human Habitation) Act 2018 is a short two-section Act that amended the Landlord and Tenant Act 1985, inserting new sections 9A–9C. For leases of dwellings in England granted for a term of less than 7 years (and most social and assured tenancies), it implies a covenant by the landlord that the dwelling is fit for human habitation at the grant of the lease and will remain so throughout the term. Tenants can enforce the covenant directly in the courts through ordinary contract remedies (damages and specific performance) without needing local authority involvement. Fitness is assessed using the criteria in s.10 of the 1985 Act, which the 2018 Act extended to include any 'prescribed hazard' under the Housing Health and Safety Rating System. The Act came into force on 20 March 2019, applying to new tenancies from that date and to pre-existing periodic tenancies from 20 March 2020. It restricted the older s.8 LTA 1985 fitness provisions to Wales, which has its own regime under the Renting Homes (Wales) Act 2016.
Key Points
- Implies a covenant that the dwelling is fit for human habitation at the start of the lease and will remain fit throughout the term (s.9A(1) LTA 1985, inserted by s.1)
- Applies to leases of dwellings in England for a term of less than 7 years, including secure, assured and introductory tenancies (s.9B LTA 1985)
- Covenant extends to the dwelling and, in a building containing flats, to the common parts in which the lessor has an estate or interest
- Landlord not liable where unfitness results from tenant breach, fire/storm/flood or other inevitable accident, tenant's own removable items, or where required third-party consents cannot be obtained despite reasonable endeavours (s.9A(2)–(3))
- Contracting out is prohibited — covenants and agreements are void insofar as they seek to exclude or limit the implied covenant
- Fitness assessed by the s.10 LTA 1985 factors (repair, stability, damp, ventilation, water supply, drainage, sanitation, cooking facilities, etc.), extended by the 2018 Act to include prescribed HHSRS hazards
- Enforced directly by the tenant through the courts — damages and orders for specific performance — rather than by local authority enforcement
- In force 20 March 2019 for new tenancies; extended to existing periodic tenancies on 20 March 2020
Amendments History
2019 — Commencement
The Act received Royal Assent on 20 December 2018 and came into force on 20 March 2019. The implied covenant applied immediately to tenancies granted on or after that date, and from 20 March 2020 to periodic tenancies already in existence. legislation.gov.uk records no outstanding effects on the Act.