Understanding the Homes (Fitness for Human Habitation) Act and what it means for landlords
It’s easy to assume a property is “fine to live in” if it looks clean, safe, and structurally sound. But when it comes to lettings law, assumptions don’t offer much protection.
Since March 2019, the Homes (Fitness for Human Habitation) Act has made it a legal requirement for rental properties in England to meet a certain standard throughout the duration of the tenancy. The consequences for falling short are now more serious than ever.
If you’re a landlord, especially one who hasn’t recently inspected your property in detail, here’s what you need to know.
What the Act Actually Says
The Homes Act amends the Landlord and Tenant Act 1985. It requires that all rented homes, both social and private, be fit for human habitation at the start of a tenancy and throughout its duration. That means the property must be safe, healthy, and free from serious hazards.
Tenants now have the legal right to take landlords to court directly if their home fails to meet this standard, no need to wait for the local authority to act.
You might think your property is in good shape, but unless these specific areas are covered, you could still fall foul of the law.
So, What Makes a Property “Unfit”?
The Homes Act refers to a number of factors when assessing whether a property is legally habitable. \
These include:
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Serious damp or mould
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Unstable structure
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Unsafe layout or lack of ventilation
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Poor water supply or drainage
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Fire hazards
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Inadequate heating
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Electrical safety risks
The list draws heavily from the Housing Health and Safety Rating System (HHSRS) which is a detailed framework that local authorities use to assess risk in residential properties.
Why This Shouldn’t Be Ignored
This legislation puts more power into tenants’ hands and rightly so. But for landlords, it means the bar is higher, and the potential for legal action is more real.
If a tenant takes a landlord to court and wins, the court can issue an enforcement order to fix the issue and even award compensation to the tenant.
You don’t have to be a rogue landlord to be caught out. In fact, most landlords we meet care deeply about doing things right, they’re just not always up to date with every new requirement.
What You Can Do Now
A full property review, preferably with expert input, goes a long way. This isn’t just a legal requirement, it’s an opportunity to protect your investment, ensure tenant satisfaction, and avoid complications down the line.
Think about it this way: a small leak today might not seem urgent, but if it creates damp or mould and a tenant raises a claim under the Homes Act, it becomes a serious issue overnight.
It’s always better to be proactive.
Final Thought: It Pays to Be Thorough
If it’s been a while since you’ve properly assessed your property, or if you’re unsure whether something like a broken extractor fan or a cold bedroom could become a legal problem, you’re not alone.
At Campbells, we regularly work with landlords who want to stay one step ahead without the overwhelm. If you ever find yourself wondering whether your property is compliant, we’re always happy to point you in the right direction.
