Fitness for human habitation: what landlords must know
What the Homes (Fitness for Human Habitation) Act 2018 means for landlords in England, the hazards it covers and what tenants can do.
By Paul Ashley, Founder of LET NEXUS and landlord since 2015
Last reviewed · 3 min read
The Homes (Fitness for Human Habitation) Act 2018 requires landlords in England to make sure their properties are fit for people to live in at the start of a tenancy and throughout it. It has applied to all such tenancies since 20 March 2020.
What 'fit' means
A home can be unfit because of serious problems with things like damp and mould, cold, lack of natural light, drainage, pests, the layout or any of the 29 hazards in the Housing Health and Safety Rating System. The duty also covers common parts, such as shared stairs and hallways, that you own or control.
What tenants can do
If a property is unfit, tenants can take their landlord to court. The court can order the landlord to fix the problem and pay compensation.
Your checklist
- Inspect for damp, mould and cold at least twice a year
- Fix reported problems within a reasonable time
- Include common parts in your inspections
- Keep dated records of problems and the work done
Frequently asked questions
Is damp and mould always my responsibility?
If it makes the home unfit or comes from a disrepair issue, yes. Some condensation is caused by how a home is used, but you should investigate every report and keep a record.
Official guidance
This guide is general information for landlords in England and isn’t legal advice. Rules differ in Scotland, Wales and Northern Ireland, and can change. Always check the official guidance or take professional advice for your situation.
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