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The new Government legislation, the Homes (Fitness for Human Habitation) Act 2018, comes into force today and will apply to all new tenancy agreements (which last up to seven years) and existing agreements that are renewed periodically tomorrow or after across England.
Homes (Fitness for Human Habitation) Act 2018
The Act means that homes must be fit for human occupancy when the agreement is initially signed by all parties, and must remain in this state throughout the length of the agreement.
The new legislation will only apply to individuals, not tenants who might be institutions, housing associations or local authorities. Additionally, the Act will only apply to tenancy agreements, as opposed to licences to occupy.
The new Act amends the Landlord and Tenant Act 1985.
What does this mean for tenants and landlords?
The Act means that tenants are provided with greater rights and means of legal redress, as they will be able to take action against any landlords or letting agents acting on behalf of a landlord, who do not maintain a ‘fit for human habitation’ condition of a property. This includes any common areas of the building.
If a tenant does launch legal proceedings against a landlord, their claim will be settled in Court, with legal aid also being available to the tenant. If the Court rules in favour of the tenant then the landlord may be liable to pay compensation to them and rectify any problems which makes the property inhabitable.
There are, however, some exemptions for landlords outlined in the Act, which includes:
- Any damage caused to the property by the tenant
- Natural events, including storms and floods; or
- If the landlord cannot gain consent to make the necessary improvements to the property, e.g. planning consent.
How Nelsons Can Help
Paula Haverkamp is a Paralegal in our Dispute Resolution team specialising in landlord and tenant issues and property disputes.
Our expert team of property litigation solicitors are able to assist landlords with their legal rights and obligations, providing advice to resolve any disputes with their tenants as quickly as possible.
If you would like any advice, please call 0800 024 1976 or contact us via our online form.