What is the Fitness for Human Habitation Act?

The vast majority of landlords do their utmost to ensure that the property they are providing to tenants is safe and more than fit for habitation. Unfortunately, the same cannot be said for all landlords.

Over the years, we’ve heard countless stories and seen masses of press coverage surrounding rental properties with damp issues, poor ventilation, little to no natural light and landlords that refuse to take action or remain oblivious to its dangers.

That’s where the Fitness for Human Habitation Act comes in. Also known as the Homes Fitness for Human Habitation Act 2018, the Fitness for Human Habitation Act is a piece of UK legislation that ensures that rental properties are safe and fit for habitation. It puts more pressure and legal obligation on landlords to maintain their properties to a certain standard.

The Fitness for Human Habitation Act

The Fitness for Human Habitation Act came into force on March 20th 2019. It ensures that landlords keep their property up to fitness for habitation at the start of the tenancy and then maintain this standard throughout.

So, what does ‘fit for human habitation’ actually mean? Essentially, the property must be safe, healthy and free from anything that could potentially cause serious harm or make your property inhabitable. For instance:

• Damp and mould
• Building structure and stability
• Ventilation and natural light issues
• Water supply issues
• Drainage issues
• Excess cold or heat
• Electrical hazards
• Fire hazards.

You can find details of all the recognised hazards on Gov.UK. The Homes Fitness for Habitation Act 2018 is not an entirely new concept alone. It reinforces existing legislation and acts as an umbrella legislation to bring together the various laws surrounding the condition of rental properties such as the Landlord and Tenant Act 1985, the Housing Health and Safety Rating System (HHSRS), the Consumer Protection Act 1987 and the Environmental Protection Act 1990.

Landlord obligations under the Fitness for Human Habitation Act

So, what can you do to make sure you stay on the right side of the law and ensure that you are giving the best version of your rental property to your tenants?

Maintain your property’s condition

The simplest place to start is keeping on top of your property maintenance. It’s a good idea to make a seasonal schedule to ensure that nothing gets missed throughout the year.

For instance, you might start the year by servicing all boilers, smoke and carbon monoxide detectors, security systems and kitchen appliances. In Spring, you might turn your hand to the outside space. Ensure that all gutters are cleaned and unblocked and keep up with your end of the garden responsibilities such as pruning and maintaining trees and repairing any fences and boundary walls as necessary.

Although not necessarily important for human habitation, it’s recommended to also keep on top of cosmetic maintenance such as walls that need repainting and replacing old and tired appliances. The more you take care of your rental property, the more your tenants are likely to follow suit.

Address repairs

Try not to leave your tenants waiting around for you to fix any repairs. This can really affect their day-to-day quality of life and, more importantly, become a safety hazard if left. Repairing broken appliances, fixtures and fittings, leaks and electrical issues should be of paramount importance.

As a rule of thumb, aim to respond to any reports of damages and issues within 24 hours. Even if that’s just to address the issue and let your tenant know that you are arranging repairs.

Adhere to safety standards

We get it, there’s a lot for a landlord to think about in terms of compliance. However, it’s arguably the most important part of being a landlord. It’s really important to ensure that your property is compliant with gas safety, electrical safety and fire safety regulations. This is a core component of the Fitness for Habitation Act.

Conduct regular property inspections

Your tenancy agreement should set out that you will conduct regular property inspections throughout the year. Inspections must be conducted at ‘reasonable times of the day’ with at least 24 hours written notice given to the tenant. Also, if anyone other than you or your letting agent is carrying out the inspection, that person needs to have written authorisation.

During your inspections, take note of everything listed above along with any fair wear and tear, damage and signs of mould and damp.

What happens if you are non-compliant with the Fitness for Human Habitation Act?

Landlords that are non-compliant with the Fitness for Human Habitation Act can potentially face serious legal and financial consequences – not to mention damage to their reputation that can make attracting future tenants difficult.

Tenants can take their landlord to court in order to seek remedies such as compensation or orders to carry out repairs. The court can then order the landlord to rectify the issue in question. As for financial penalties, local authorities may fine landlords who fail to comply. Additionally, landlords could face criminal charges in the worst of cases.

Having the appropriate landlord insurance in place can make keeping your rental property in tip-top condition and free from hazards much easier. Landlord insurance gives you peace of mind that your property is protected against unexpected events.

Contact us today to get a quote. We’re here to find the right policy for you to help you be the best landlord that you can be.