Rogue Landlords Beware!

Empowering Tenants

Tenants will now be able to take action against their Landlords if their property is too hot, too cold, or even too damp.

The Homes (Fitness for Human Habitation) Act 2018 ("2018 Act"), comes into force next month and will give tenants real "teeth" to be able to take their Landlord to Court if the property is unfit to live in.

The 2018 Act amends the Landlord and Tenant Act 1985 ("LTA 1985") and will come into force on 20 March 2019. It will give tenants the right to take action against their Landlord to make repairs when the property is defective in certain areas.

The 2015/2016 English Housing Survey found that over 1 million tenancies were a Category 1 Hazard. This means they constitute a "serious and immediate risk to a person's health and safety."

It is hoped that the 2018 Act will improve conditions for renters in both social housing and the private rented sector. The Act will require that both types of property meet certain standards, at the beginning and for the duration of the tenancy.

What does the 2018 Act apply to?

The Act will apply to all tenancies of less than 7 years granted after 20 March 2019, as well as renewals from that date.

If you signed your contract before 20 March 2019, you will have to wait until 20 March 2020 before you can use the 2018 Act (unless you sign a new tenancy or your tenancy becomes a monthly rolling contract).

The Act implies a covenant that the 'dwelling is fit for human habitation.' Although this is not defined, the wording from the LTA 1985 is retained, and regard will be given to damp, mold, natural lighting, ventilation, fire safety and many other factors when determining whether the dwelling is fit for living.

According to the 2018 Act, if the property is defective in one of these areas, then it is not fit for human habitation.

For Landlords, this should prompt checks to make sure that their properties are compliant to forestall claims. 

What can tenants do?

Previously, social tenants had no effective means of redress, whilst private tenants would need to raise a complaint with Local Authorities. The Local Authorities were generally slow at dealing with complaints and ineffective at remedying tenants' concerns.

Now, tenants can issue court proceedings themselves against their Landlords. The Act specifically states that the Court may order specific performance of their obligation, i.e. order the Landlord to carry out the repairs. The Landlord may also have to compensate the tenant.

Reaction

The 2018 Act has been met with overwhelming support. The housing charity Shelter has voiced their support for the Act, saying it 'will help to improve property conditions for renters in both social housing and the private rented sector.'

The Act was championed by Karen Buck MP, and received cross party support throughout the Parliamentary process.

David Cox, chief executive of Arla Propertymark, has hailed the Act as 'a step in the right direction for the market,' and that it will 'give renters greater protection against criminal operators.'

Whilst this won't affect the majority of Landlords who keep their properties in good repair, it will certainly bring those that have poorly maintained properties into line. There is hope that it could have a similar effect to the tenancy deposit scheme, which forced Landlords into action to protect their tenants' deposits.

For those who have ever rented a property and can relate to these issues, it does seem to be a step in the right direction. However the overall effect on rogue landlords and whether tenants utilise the Act to bring claims against them remains to be seen.