The Homes (Fitness for Human Habitation) Act 2018 comes in to force on 20th March 2019.
The Act will apply to short leases of 7 years or less in both social and private sectors. On 20th March 2019 all rental properties are required to be fit for human habitation at the commencement of the tenancy and will remain so for the duration. The Act will apply to all tenancies created after 20th March 2019 or renewal of existing tenancies which occur after 20th March 2019, the new Act will also apply to a tenancy of a fixed term and which becomes periodic on or after 20th March 2019.
A property will be unfit for human habitation if there are serious defects in any of the following areas :-
- Repair
- Stability
- Freedom from damp
- Internal Arrangement
- Natural Lighting
- Ventilation
- Water Supply
- Drainage and Sanitary Conveniences
- Facilities for the preparation and cooking of food and disposal of waste water
- Any potential hazard
Under current legislation, only tenants with certain categories of disrepair can bring claims against the Landlord for compensation and for an Order that repairs be carried out.
This new legislation will create a new wave of claims for tenants who previously may not have been able to make such claims.
There will be exceptions to the works a Landlord has to carry out.
If you are worried about the state of your rental property, get in touch with our Team to discuss how we may be able to assist you.
