Homes Act 2018: A Nuaire Guide for Landlords and LHAs

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    As a landlord you may have heard of the Homes (Fitness for Human Habitation) Act 2018, which has been in operation since March 2019.

    There has always been a legal obligation on landlords to ensure that residential accommodation is fit for habitation. What the act does is to ensure that all rented homes are safe and secure at the start of the tenancy, and remain so throughout. It also gives tenants the right to take their landlord to court if their homes do not comply.

    While the vast majority of landlords in Britain maintain their properties to a habitable level, this legislation is targeted at those landlords who disrupt the housing market by providing sub-standard accommodation and endangering the health and safety of tenants.

    The determination of whether residential accommodation is or is not fit for human habitation is a factual enquiry. Guidance for these factual enquiries can be found in Section 10, Landlord and Tenant Act 1985; and/or Housing Health and Safety (England) Regulations 2005.

    If a home does not meet these standards, and the property owner does not carry out the necessary repairs or maintenance, tenants will have the right to take them to court where a judge can issue an injunction forcing the work to be carried out.

    What are your thoughts on the Act? Comment below.

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