A quick reminder to readers: the Homes (Fitness for Human Habitation) Act 2018 comes into force today, Wednesday.
It will apply to all new tenancies lasting up to seven years granted on or after today. It will also apply to existing tenancies that go periodic tomorrow or afterwards.
It will also apply to all periodic tenancies in existing from now in 12 months’ time.
Essentially, properties must be fit for human habitation when the lease is granted, and remain fit for human habitation during the course of the tenancy.
The Act strengthens tenants’ means of redress and they will be able to take action against landlords who fail to maintain their home, including any common parts of the building.
Unfitness claims will be decided in the courts, with legal aid available. The courts may order the landlord to pay compensation to the tenant.
The landlord will also have to remedy unfitness in their properties, unless it is caused by tenant behaviour or natural events such as storms and floods. Another exemption is if the landlord cannot get consent, eg planning permission.
The Act only applies to individuals, not to tenants who might be institutions, housing associations or local authorities.
It also only applies to people with tenancy agreements, as opposed to licences to occupy.
It is expected that there will in due course be more guidance emerging from the courts.
David Cox, CEO of Propertymark ARLA, said: “We’re pleased the Homes Act is coming into force today and congratulate Karen Buck MP on her work to provide a better private rented sector for all.
“This new legislation will give renters greater protection against criminal operators, and means they will now be able to take direct legal action if their agent or landlord does not comply.”
A series of official guides can be found at the link below:
https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018
It’s a shame this doesn’t apply to those occupants under licence as this would prevent many of the poor conditions experienced in accommodation for the Armed Forces.
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when will this landlord associations ever support any legislation to help landlords, seems all we read these days is them congratulating government on tenant favoured policies
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I remember one client saying one of his tenants, sent an email saying * i cannot wait for the 2oth March*…
Lets see what the courts throw up over the coming months….interesting times
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I believe that besides having to pay compensation to tenants, offending landlords will face up to 15 years in prison and there are even calls for the pillory to be reinstated so that offenders may be pelted with rotten eggs and fruit or beaten with rolled up copies of The Guardian.
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Even if a Landlord ‘Wins’ in defending a claim by a criminal tenant, s/he’s going to LOOSE because to fight the case against an Ambulance chasing solicitor – your going to have to pay a solicitor to defend you.
If a Landlords is successful in defending the spurious claim, – its still going to cost dearly in solicitors fee’s.
The only winners are solicitors ( guess who wrote this legislation, a No-win, no-fee solicitor – bet your amazed ! )
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Get ready to press the Thumbs Down…….
I don’t see why any self respecting letting agent should be afeared of this Act. if you only take on decent self respecting landlords who care about their properties; you do your utmost to select decent tenants; you undertake regular management visits; and, keep on top of maintenance, then any subsequent tenant claim is likely to be, either; spurious or self inflicted, or both.
If, on the other hand, you’re a Scumlord and this Act puts you in jail – GOOD.
Okay, Go……
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