Letting property requirements

HFHHA Act 2018

The Homes (Fitness for Human Habitation) Act 2018 (HFHHA) was given Royal Assent late last year but came into force on the  20^th March 2019.

The purpose of the Act is to amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation; to amend the Building Act 1984 to make provision about the liability for works on residential accommodation that do not comply with Building Regulations.

Concentrating on the Landlord and Tenant Act 1985 (LTA), Section 11 of that Act implies certain repairing  obligations on the part of a Landlord in respect of certain tenancies (primarily those of less than 7 years. Section 8 of the LTA 1985 requires landlords to ensure that their properties are fit for human habitation. However, it only applies to tenancies at low rents and the annual rent limit of £52 or less (£80 or less in London) has not increased since the 1950s. So this provision has been ripe for amendment for several decades.

The (HFHHA )2018 was as a result of increasing concern over housing standards, particularly in the private rented sector, and then in the social housing sector after the Grenfell Tower fire.

The changes introduced by the HFHHA 2018 apply only in England. The HFHHA 2018 should not affect the majority of responsible landlords who maintain their properties properly. The guidance states that the HFHHA 2018 does not impose additional obligations on landlords, but gives tenants of inadequate properties a direct right of action against their landlords through court proceedings.

In Wales, similar provisions are included in the Renting Homes(Wales) Act  2016 which, when fully in force, will require a landlord to  make sure that the property is fit for human habitation on the occupation date and for the duration of the contract.

The HFHHA 2018 implies a landlord covenant into  the relevant  tenancies that:

• It is fit for human habitation at the time the tenancy is granted or created or, if later, at the beginning of the term of the tenancy.
• It will remain fit for human habitation during the term of the tenancy.

A house or dwelling will be deemed unfit for human habitation if,  it is so far defective in one or more of the following matters that it is not reasonably suitable for occupation in that condition:

• Repair.
• Stability.
• Free from damp.
• Internal arrangement.
• Natural lighting.
• Ventilation.
• Water supply.
• Drainage and sanitary conveniences.
• Facilities for preparation and cooking of food and for the disposal of waste water.
• Any prescribed hazard (these are numerous but include: damp and mould, excess heat and excess cold, asbestos, carbon monoxide, water supply, stair hazards and electrical faults).

If a landlord fails to make a property fit for human habitation, the tenant has the right to apply to court for damages or for an order for specific performance requiring the landlord to make the property fit for human habitation.

If you need any further assistance, please contact Stephen Foote on [email protected] or 01244 312 166