Landlord Legislative Update May 2019 Residential Landlord Update for joomag | Page 4

HOMES
(FITNESS
FOR HUMAN
H A B I TAT I O N )
ACT 2018
Homes (Fitness for Human Habitation) Act 2018, known as the
Homes Act, came into force on 20 March 2019. only if, it is so far defective in one or more of those matters that it
is not reasonably suitable for occupation in that condition.
The Homes Act amends the Landlord and Tenant Act 1985, with
the practical implications of the legislation affecting tenancies in
England only. Landlords, and letting agents acting on their behalf,
will be required to ensure that a property, and its common parts,
are fit for human habitation at the beginning and for the rest of a
tenancy. 2) In subsection (1) “prescribed hazard” means any matter
or circumstance amounting to a hazard for the time being
prescribed in regulations made by the Secretary of State under
section 2 of the Housing Act 2004.
Tenancies entered into or renewed on or after 20 March will be
required to comply with the Act. Existing Fixed-Term Tenancies will
fall under the scope when they are renewed or become Periodic.
Periodic tenancies that commenced before 20 March 2019 will
come under the legislation 12 months after commencement on 20
March 2020.
From the implementation date, tenants will have the right to take
their landlord or letting agent directly to Court if they have not
complied with the Act. If decided by the Court, offenders may be
required to remedy any hazards and pay compensation to the
tenant.
Previously, an offence was only committed where the landlord
or agent had failed to comply with an Improvement Notice from
the local authority. The consequence of this was that defective
properties could be legally rented out unless the local authority was
notified. Furthermore, social tenants had even less protection, as
local authorities cannot take themselves to Court.
Section 10 of the Landlord and Tenant Act 1985 has been amended
to read:
Fitness for human habitation.
1) In determining for the purposes of this Act whether a house or
dwelling is unfit for human habitation, regard shall be had to its
condition in respect of the following matters:
• repair
• stability
• freedom from damp
• internal arrangement
• natural lighting
• ventilation
• water supply
• drainage and sanitary conveniences
• facilities for preparation and cooking of food and for the
disposal of waste water
• in relation to a dwelling in England, any prescribed hazard;
and the house shall be regarded as unfit for human habitation if, and
3) The definition of “hazard” in section 2(1) of the Housing Act
2004 applies for the purposes of subsection (2) as though the
reference to a potential occupier were omitted.”
As recommended by ARLA we use the 29 hazards of the Housing
Health and Safety Rating System (HHSRS) as a basis to check
against hazards in the home. These include:
P H Y S I O LO G I C A L R E Q U I R E M E N T S
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
P S YCO LO G I C A L R E Q U I R E M E N T S
11. Crowding and space
12. Entry by intruders
13. Lighting
14. Noise
P R OT E C T I O N A G A I N S T I N F E C T I O N
15. Domestic hygiene, pests and refuse
16. Food safety
17. Personal hygiene, sanitation and drainage
18. Water supply
P R OT E C T I O N A G A I N S T A CC I D E N T S
19. Falls associated with baths etc
20. Falling on level surfaces etc
21. Falling on stairs etc
22. Falling between levels
23. Electrical hazards
24. Fire
25. Flames, hot surfaces etc
26. Collision and entrapment
27. Explosions
28. Position and operability of amenities etc
29. Structural collapse and falling elements
LANDLORD LEGISLATIVE UPDATE 2019 • 2