The Homes (Fitness for Human Habitation) Act 2018 became law on the 20^th March of this year. You have always had a legal obligation to ensure your property is fit for human habitation. However, it has never been an obligation from start to finish. There has also been loopholes and grey areas. Due to the short-term nature of such tenancies, it’s especially pertinent for student lets.

What is this Law: Homes (Fitness for Human Habitation) Act?

It’s important to note that this is not a new law. It’s an update of the Fitness for Human Habitation Act that came into force as long ago as 1985 which imposed safety and fitness demands on property owners. The updated act now demands that a property should be fit from the start to the end of the tenancy and extends obligations in place to cover all the dwelling where only part of the building is rented. This will include landlords with live-in tenants.

It also clarifies the need for how to notify a tenant when access is required. It defines that such an entry should be at a reasonable time with at least 24 hours’ notice. This is standard and in line with guidelines for good practice.

What Makes a Property Unfit?

The 1985 law set down a number of determinants that would make a property unfit, including poor state of repair, structural stability, damp, natural light and so on. The 2018 amendment now includes hazards listed in the Housing Health and Safety (England) Regulations 2005

• Excess heat and cold
• Dangerous electrical faults
• Damp and mould
• Toxic substances such as lead, asbestos and biocides, carbon monoxide issues, radiation
• Overcrowding
• Poor security
• Poor environment such as lighting issues, noise pollution, pests and refuse problems
• Personal hygiene such as inadequate food safety provision and problems with water supply and sanitation
• Danger of falling, getting trapped and colliding with others
• And, of course, fire safety, and danger from explosions and hot surfaces

The full list is contained within the 2005 regulation. It will be the duty of a court to determine whether the law has been broken.

When Will This Apply to Me?

All landlords in England must comply with the changes. Of particular note for landlords of student tenants, any tenancy where the lease term is shorter than 7 years that come into effect from 20^th March or later. This means your tenants from the next academic year will be covered by the amendments to the law. On the 1^st anniversary (20^th March 2020) these measures will apply to all tenancies.

Exceptions include when the damage is caused by the tenant’s own actions, following “Acts of God”, when planning permission is refused. It also does not cover lodgers and property used as temporary accommodation.