What is the Homes (Fitness for Human Habitation) Act 2018?

The Act inserts a new section 9A into Landlord and Tenancy Act 1985, which provides that there is a new implied term that a Landlord will ensure that a dweling is:

  1. fit for human habitation at the time the tenancy/lease is granted or otherwise created; and
  2. that it will remain fit for human habitation during the term of the tenancy/lease.

When will the Act take effect and what tenancy agreements will it apply to?

  • The Act comes into force on 20th March 2019.
  • It is likely to affect the majority of your organisation’s tenancy agreements/housing stock.
  • The Act will apply to new tenancies (including any renewal of an existing fixed term tenancy) from 20th March 2019.
  • It will also apply to existing fixed term tenancies which becomes periodic on or after 20th March 2019.
  • It will apply to periodic tenants (this would include your organisations social assured tenants) from 20th March 2020.

What does the Act mean for your organisation?

  • Your organisation will have to start thinking and acting differently especially when it comes to ventilation, condensation dampness and mould growth.  Condensation claims which are not actionable under the current Section 11 may now become actionable under this Act.
  • Tenants and their solicitors will be keen to use the new legislation to pursue claims for disrepair so your organisation will need to know how to respond to these in the most effective manner.

What should your organisation do in preparation of the Act?

  • Book a place on one of our free disrepair master classes/breakfast seminars due to take place in March 2019 across the North of England (see below for further details);
  • Train staff on the changes to the law under the Act, particularly with regards ventilation, condensation and mould growth;
  • Undertake an audit of your existing disrepair claims.  Would any of them be affected by the new implied term?
  • Continue to maintain and repair dwellings;
  • Investigate all reports of disrepair as soon as possible, keeping accurate records and fix problems within a reasonable period of time.

We will be running the following breakfast briefings: 

Harbour House, Portway, Preston, PR2 2DW
Wednesday, March 6, 9am – 1pm
in association with Community Gateway Housing Association

8 Poundswick Lane, Wythenshawe, Manchester, M22 9TA
Thursday, March 7, 9am – 1pm
in association with Wythenshawe Community Housing Group

21 Bond Street, Dewsbury, WF13 AX
Tuesday, March 12, 9am – 1pm
in association with Connect Housing

1 Commutation Row, Liverpool, L3 8QF
Thursday, March 14, 9am – 1pm
in association with Regenda Homes

All briefings are split into two sessions:
9-10.30am Frontline staff
11-12noon Management

To book your place please email your request to d.knox@knoxellis.co.uk or call us on 0151 420 0718

Spaces are limited so book now to avoid disappointment