Homes (Fitness for Human Habitation) Act 2018

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

Frequently asked questions

Which types of tenancies are covered by the Homes (Fitness for Human Habitation) Act 2018?

The Act applies to leases of dwellings in England granted for a term of less than seven years. This includes most social and assured tenancies, such as secure, assured, and introductory tenancies. It does not apply to leases of seven years or longer, nor does it apply to properties in Wales, which has its own separate housing regime.

What exactly does the landlord have to guarantee under this Act?

The Act implies a covenant that the dwelling is fit for human habitation at the start of the lease and will remain so throughout the term. This obligation extends to the dwelling itself and, in buildings containing flats, to the common parts where the landlord has an estate or interest. The fitness is assessed using specific criteria including repair, stability, damp, ventilation, and water supply.

Do I need to contact my local council to enforce the fitness for human habitation standard?

Yes, tenants can enforce the covenant directly in the courts using ordinary contract remedies. This includes claiming damages or seeking specific performance. You do not need to involve the local authority to take action. The Act prohibits landlords from contracting out of these obligations, meaning any agreement trying to limit this implied covenant is void.

When did the Act come into force and does it apply to my existing tenancy?

The Act came into force on 20 March 2019. It applied immediately to new tenancies granted on or after that date. For periodic tenancies that already existed before the Act came into force, the implied covenant applied from 20 March 2020. The legislation is currently in force and applies only to England.

Are there any situations where the landlord is not responsible for the property being unfit?

A landlord is not liable if the unfitness results from the tenant's breach of contract, fire, storm, flood, or other inevitable accident. Liability is also excluded if the unfitness is caused by the tenant's own removable items, or if required third-party consents cannot be obtained despite the landlord making reasonable endeavours to obtain them.