The Homes (Fitness for Human Habitation) Act 2018, commonly referred to as the Homes Act, is a significant piece of legislation that governs rental properties throughout England. This law became statute on 20th March 2019 to ensure that all rented properties were safe, healthy and suitable for tenants. It stipulates a property must be free from hazards that can cause serious harm, or pose any health and safety risks.
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While most landlords already maintain good-quality housing, the Fitness for Human Habitation Act targets those who fail to do so. By empowering tenants to take direct legal action, it encourages landlords to keep their properties in a condition that meets basic safety and structural standards.
Who does the Homes Act apply to?
Both private and social rented housing in England are covered by the legislation. Initially, it affected tenancies let on or after 20th March 2019, but from 20th March 2020, it also extended to all existing tenancies, regardless of when they began.
The type of property, whether it’s a flat, house or bungalow, is irrelevant, as the focus is on the contractual agreement between landlord and tenant. The Act ensures landlord legal responsibilities are met and that occupants can seek redress for unfit living conditions without having to rely solely on local authorities, although this channel remains available.
Not all rental arrangements are covered: lodgers, property guardians and individuals in some forms of temporary accommodation, such as those with a “licence to occupy” rather than a tenancy agreement, are excluded.
What landlords must do to comply
Landlords are legally required to ensure a property is fit for habitation at the start of the tenancy and throughout its duration. This includes the structure and exterior of the building, as well as internal systems, including heating, water supply, electricity, gas, drainage, ventilation and sanitation.
The standard for determining whether a home is fit for habitation is detailed in Section 10 of the Landlord and Tenant Act 1985. It includes whether the property has been neglected or is in a poor state of repair; whether it has serious damp issues; an unsafe layout; inadequate lighting or ventilation; problems with hot and cold water supplies; or inadequate drainage systems. In addition, any one of 29 hazards identified in the Housing Health and Safety Rating System (HHSRS) may also render a property unfit.
While landlords aren’t required to conduct a formal HHSRS assessment, they may do so voluntarily as a precautionary measure, particularly if they suspect a hazard may exist. Courts can decide that a property is unfit for habitation without expert input in obvious cases, such as where a property lacks basic sanitation facilities.
Does the Act apply to furniture?
The law covers landlord furniture packages in situations when they formed part of the original inventory provided at the start of the tenancy. While it focuses primarily on the condition of the property itself, anything that can cause a health hazard is included. This would include furniture, fixtures and fittings that didn’t meet modern fire safety standards, for example.
It doesn’t cover furniture that the tenants have added themselves, as it’s their own responsibility to make sure this is safe. Nor does it obligate landlords to repair or replace furniture or belongings that belonged to previous tenants and weren’t included in the inventory.
However, if any items in the written inventory prove to be hazardous, you may be responsible for their repair or replacement. When tenants have caused damage themselves through negligence – such as by having a party and allowing furniture to be seriously damaged by revellers, for example – the landlord isn’t responsible for its replacement.
Savvy property owners get their landlord furniture pack from a reputable supplier to avoid falling foul of the law. Any items must meet legal standards, including The Furniture and Furnishings (Fire) (Safety) Regulations 1988, which specifies they must be made from fire-resistant materials and carry a label confirming this.
Under the new law, if tenants feel the furniture and soft furnishings are causing them to live in an unsafe and potentially hazardous environment, they can take further action to seek redress, should the landlord fail to act on their concerns.
Legal consequences for non-compliance
It’s beneficial to have a landlord safety checklist to ensure you’ve got everything covered, as tenants can launch a court claim for breach of contract. A judge can compel you to carry out the necessary repairs and improvements, awarding compensation to tenants for any harm or inconvenience caused. This can lead to financial losses and a dent in your professional reputation.
This legal right exists in England alongside other enforcement mechanisms. Local authorities can still intervene using powers under the Housing Act 2004.
Landlords are considered responsible from the moment they are notified of a hazard. The law allows for a “reasonable time” to make repairs, the interpretation of which is left to the courts and will vary, depending on the nature and severity of the problem.
There are specific exceptions, as the Act doesn’t cover damage caused by natural disasters like floods, fires, or storms, commonly referred to as “acts of God”. If legal planning consent or freeholder approval are required to make improvements and haven’t been granted, the landlord may be exempt, provided they can prove they made “reasonable efforts” to obtain permission.
Differences in legal frameworks across the UK
While this guide focuses on the legislation in England, it’s important for landlords with properties across the UK to be aware of the various regulations that apply in Wales, Scotland and Northern Ireland.
In Wales, the relevant legislation is the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022. The focus remains similar, in ensuring properties are safe, secure and in good repair. Section 92 sets out a landlord’s duty to maintain the structure and exterior of the property, as well as essential service installations. Welsh law emphasises prompt repairs and prohibits landlords from shifting repair responsibilities onto tenants when they are not at fault.
In Scotland, fitness standards are governed by the Housing (Scotland) Acts 2001 and 2006. Scottish legislation also places obligations on landlords to maintain structural integrity and repair key systems such as heating, drainage and sanitation. Tenants are required to grant access for repairs, and landlords must complete the work to a reasonable standard within an acceptable time frame once they become aware of any issues.
In Northern Ireland, the Housing (Northern Ireland) Order 1981 and the Private Tenancies (Northern Ireland) Order 2006 form the legal backbone for landlord and tenant law. These regulations mandate that all rental properties be safe and suitable for living, with specific requirements for their condition, safety and maintenance. Tenants have routes to seek recourse if landlords neglect these responsibilities, and enforcement can involve both legal action and intervention by local councils.
Why the Fitness for Habitation Act matters
For professional and responsible landlords, compliance is already standard practice. Maintaining open communication with tenants is key and promptly addressing any concerns or hazards raised can prevent legal action and foster positive relationships.