Fitness for Human Habitation
The Homes (Fitness for Human Habitation) Act 2018 implies a term into residential tenancy agreements that the property must be fit for human habitation at the start of and throughout the tenancy. A property may be unfit due to problems including damp and mould, structural instability, inadequate heating, or pest infestation. Tenants can take their landlord to court for breach of this implied term without the need to prove negligence.
The Homes (Fitness for Human Habitation) Act 2018 amends the Landlord and Tenant Act 1985 to imply into almost all residential tenancy agreements (including social housing) a term that the property is fit for human habitation at the start of and throughout the tenancy. A property may be unfit if it has serious damp or mould, structural instability, inadequate heating, drainage problems, a risk of falling, contaminated water, excessive cold, fire hazards, or pest infestation. Landlords are in breach as soon as they are notified of the problem and fail to remedy it within a reasonable time. Tenants can bring a civil claim in the county court for damages (compensation for inconvenience, damage to belongings, and personal injury) without proving negligence. The Act applies to tenancies in England granted on or after 20 March 2019 (and social housing from 20 March 2020 for pre-existing tenancies). Legal aid is available for disrepair and fitness claims where the tenant meets the financial eligibility criteria.