What is the Fitness for Human Habitation Bill?

Feb 7, 2019

From March 20th 2019 Tenants will have the power to sue Landlords who fail to adequately maintain their properties as part of a new law called the Homes (Fitness for Human Habitation Act). The act uses the 29 hazards listed in the Housing Health and Safety Rating System (HHSRS) to help define the categories that determine whether a house is ‘fit for human habitation’. Below we have outlined all 29 hazards

 

 

  1. Damp and mould growth

  2. Excess cold

  3. Excess Heat

  4. Asbestos and MMF

  5. Biocides

  6. Carbon monoxide and fuel combustion products

  7. Lead

  8. Radiation

  9. Uncombusted Fuel Gas

  10. Volatile organic compounds

  11. Crowding and space

  12. Entry by Intruders

  13. Lighting

  14. Noise

  15. Domestic hygiene, pests and refuse

  16. Food safety

  17. Sanitation and drainage problems

  18. Water supply

  19. Falls associated with baths

  20. Falls on level surfaces

  21. Falls associated with stairs and ramps

  22. Falls between levels

  23. Electrical Hazards

  24. Fire

  25. Flames, hot surfaces and materials

  26. Collision and entrapment

  27. Explosions

  28. Ergonomics

  29. Structural collapse and falling elements

 

This act revives a clause already in the Landlord and Tenant Act 1985 requiring all rented homes to be ‘fit for human habitation’ at the start of the Tenancy and remain so throughout. The new law is designed to prevent tenants having to live in properties that are unsafe and have unsanitary conditions. The act gives the courts the authority to order Landlords to carry out the repairs and they will also be able to award damages to Tenants.

 

As a Landlord if you are maintaining your property and dealing with maintenance issues when reported then you can be pretty confident that these changes won’t affect you, however we would recommend a visit to the property to check the condition for yourself, so you can be satisfied there are no issues that your Tenant hasn’t yet reported. At Oakfield Estate Agents we carry out 6 monthly midterm inspections and provide our Landlords with a report which gives our Landlords peace of mind that their property is compliant with the act.

 

If you want more information on any of the 29 hazards please do not hesitate to contact Oakfield Estate Agents.

 

Neil Newstead, FARLA MNAEA MIRPM

CEO – Oakfield Estate Agents