The Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act, introduced in March 2019, allows tenants the right to take legal action if a rental property is considered ‘not fit for human habitation’. This was a notable change from the original Landlord and Tenant Act 1985, which only held landlords accountable for issues officially classed as ‘disrepair’ (i.e. damaged or broken items).

Whether you’re a landlord or a tenant, understanding the act is essential for ensuring legal compliance, safeguarding wellbeing, and preventing disputes.

What is the Homes (Fitness for Human Habitation) Act and Why Was it Introduced?

• The act is an extension of the Landlord and Tenant Act 1985, expanding all landlords (both private and social) legal obligations beyond just repairing damage
• It requires all rented properties to be safe and free from serious hazards during a tenancy
• A property may be deemed unfit due to issues like damp, mould, poor ventilation, structural instability, infestations and inadequate sanitation
• Tenants can take their landlord to court if their property is unfit for human habitation during their tenancy
• This piece of legislation applies to:
  
  • Tenancies shorter than 7 years
  • New tenancies and renewals from 20^th March 2019
  • Existing periodic tenancies from 20^th March 2020

The main aims of the act were to raise housing standards and provide tenants with a clear legal route to demand safe and decent living conditions.

What Makes a House Unfit for Habitation?

Several issues can render a property unfit for human habitation. While this is not an exhaustive list, the following are key issues that must be addressed if they occur:

• The building is in a state of neglect
• The building is unstable or an unsafe layout
• There is a serious problem with damp or mould
• There is not enough natural light or ventilation
• There is a problem with the supply of hot and cold water
• There are problems with the drainage and disposal of waste water
• The building lacks sufficient facilities for the preparation and cooking of food

Click here to see the full list of issues outlined by GOV UK

How to Address this as a Landlord

• As a landlord, you have a legal duty to respond to and repair any problems in your rental property within a reasonable amount of time (depending on the severity of the issue)
• You should respond to tenant complaints within 24-48 hours, particularly if the issue affects health or safety
• You must arrange an inspection to identify the issue and confirm what repairs are required
• Ensure any contractors used are properly qualified and insured
• Associated costs also fall under the landlord’s duty

Where Does This Act Not Apply?

The Homes (Fitness for Human Habitation) Act 2018 does not apply in every situation. Here are the key exceptions where the Act may not apply:

📃 Types of Tenancies

• Tenancies of more than 7 years (including leaseholds), unless the lease allows the landlord to enter and carry out repairs
• Licenses to occupy – such as lodgers or those in temporary accommodation
• Tenancies where the tenant is not paying rent – i.e., they have an arrangement with family or friends

📅 Timing of Tenancy

• The act initially applied from
  • 20^th March 2019 for new tenancies and renewals
  • 20^th March 2020 for existing periodic tenancies

If the tenancy ended before these dates then the act does not apply.

🔧 Repairs Outside the Landlord’s Responsibility

The landlord is not responsible for:

• Issues caused by the tenant’s misuse of the property (e.g., damage or neglect)
• Repairs or builds due to natural causes such as fires, storms or floods
• Furniture or belongings owned by the tenant

If a tenant denies access or delays repairs by not cooperating, the landlord may not be liable under the act – provided they have taken reasonable steps to resolve the issue.

Maintaining Compliance as a Landlord

✅ Legal Responsibility & Professional Reputation

• Landlords are lawfully required to provide a safe, healthy home to their tenants
• Failure to comply can result in legal action, fines and even criminal charges
• A reputation for professionalism and compliance can help attract reliable tenants

✅ Protection Against Liability

• Non-compliance increases the risk of tenant claims, including compensation, rent repayment orders, or being sued for negligence
• Staying compliant helps protect against disputes and ensures your legal position is secure

✅ Financial Safeguards

• Avoiding penalties and costly legal fees is just one aspect
• Compliance also reduces void periods, helps retain good tenants, and keeps your property in good condition, maximising long-term rental income

✅ Tenant Safety and Wellbeing

• Meeting safety and habitability standards ensures tenants live in secure, healthy conditions
• This fosters trust, improves tenant retention, and encourages responsible occupancy

Completing a Fit for Habitation Inspection

We have provided a handy checklist of the key areas to consider when inspecting your property:

1. Structural Integrity – make sure the property is structurally sound and free from hazards
2. Damp and Mould – tackle any damp or mould promptly to protect tenant health
3. Gas and Electrical Safety – conduct regular checks and maintenance to ensure all systems meet legal safety standards
4. Heating and Insulation – provide effective heating and insulation to regulate the temperature of the property
5. Water and Drainage – maintain a safe and functional water supply and drainage to avoid leaks, blockages or contamination
6. Fire Protection – fit smoke and carbon monoxide alarms, and implement all required fire safety measures
7. Ventilation and Light – ensure the property has proper airflow and access to natural light for tenant comfort and well-being

Best Practices for Maintaining Compliance

Here are some key ways to stay on top of your responsibilities – and how Eclipse Inventories can help:

🔍 Conduct Routine Inspections – schedule regular inspections to address issues early and ensure ongoing compliance

Our Mid-Term Assessments can help support Landlords with this!

📃 Maintain Accurate Records – keep thorough documentation of all inspections, repairs, and tenant communications. This not only helps in resolving disputes but also demonstrates due diligence. With Eclipse Inventories, you’ll receive well-documented reports that can serve as vital evidence if needed.

⏰ Respond to Repairs Promptly
Address maintenance concerns as soon as they are reported. Timely repairs protect tenant wellbeing and help avoid costly issues down the line.

📆 Stay Up to Date
Legislation around lettings is continually evolving. Landlords should keep informed of their responsibilities and any new compliance requirements.

✅ Secure Insurance Protection
Consider landlord insurance to cover potential risks such as legal claims or property damage. A proactive approach to compliance and documentation can also support successful claims if issues arise.

With the upcoming Renters Rights Bill expected to strengthen tenant protections even further, the Homes Act 2018 may become even more pivotal – reinforcing the importance for landlords to maintain high living standards and full legal compliance.

At Eclipse Inventories, we support landlords with professional property reporting and compliance-ready documentation. Our services help you protect your property, reduce disputes, and stay aligned with legal requirements.