For decades, landlords’ obligations focused mainly on repairing what was broken. But what about a property that isn’t technically “in disrepair” — yet is still unsafe, cold, or unhealthy to live in?
That gap was the reason Parliament introduced the Homes (Fitness for Human Habitation) Act 2018. It’s one of the most significant modern laws affecting rental property standards, and it gives tenants a powerful new route to hold landlords accountable.
This Act doesn’t replace your repair duties under Section 11 of the Landlord & Tenant Act 1985 — it extends them. It applies to all tenancies in England, including renewals and statutory periodic tenancies.
What the Act actually does
The 2018 Act inserts new sections (9A–9C) into the Landlord & Tenant Act 1985. In simple terms, it says:
Every rented home must be “fit for human habitation” at the start of the tenancy and must remain fit throughout.
If a property isn’t fit — because of serious hazards, structural issues, or lack of basic facilities — the tenant can take the landlord to court directly.
This right exists without needing to involve the council first.
What counts as “unfit for human habitation”?
There’s no fixed checklist, but the Act refers to 29 hazards from the Housing Health and Safety Rating System (HHSRS) under the Housing Act 2004. These include:
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Damp and mould growth
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Excess cold or heat
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Fire safety hazards
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Asbestos and lead risks
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Poor lighting or ventilation
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Electrical safety defects
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Structural instability
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Carbon monoxide exposure
Essentially, anything that presents a serious risk to the health or safety of the occupants may render the home unfit.
What landlords must do
The Act doesn’t expect perfection — but it does expect landlords to:
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Inspect properties regularly and fix any issues that could make them unsafe or unhealthy.
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Keep good records of maintenance, inspections, and communications with tenants.
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Act promptly when notified of an issue.
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Use competent, qualified contractors for works that affect safety (electrical, gas, damp).
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Address root causes — not just symptoms. For example, treating damp with paint isn’t enough if the real cause is leaking gutters or poor insulation.
What tenants can do
Tenants can apply directly to the County Court, claiming that the property is unfit. If the judge agrees, the court can:
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Order the landlord to carry out works.
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Award compensation for inconvenience or health impacts.
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In serious cases, award damages equal to a proportion of rent for the affected period.
There’s no requirement for a local authority inspection — the claim can proceed solely on evidence from the tenant, expert reports, and photos.
Common compliance mistakes landlords make
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Assuming repairs = fitness
A property can be “in repair” but still unfit — for example, due to chronic damp or lack of adequate heating. -
Ignoring minor complaints
Repeated small issues (condensation, draughts, leaks) can build a case for unfitness if they affect health or comfort. -
Relying on DIY fixes
Quick patches that don’t address the cause can backfire if a tenant later sues. -
Failing to document communication
Courts often side with tenants where landlords can’t show they responded reasonably and quickly.
Enforcement in practice
Since its introduction, the Homes Act has reshaped how tenant claims are made. Many “disrepair claims” now cite both Section 11 (repairs) and Section 9A (fitness).
Tenants’ solicitors often use “no win, no fee” models, so claims are easier to bring. Councils also use the Act as a benchmark in enforcement decisions.
In short — it’s now easier for tenants to hold landlords accountable, even for issues not classed as disrepair.
Compliance checklist for landlords in 2025
Before letting:
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Inspect property thoroughly — roof, insulation, electrics, ventilation, and heating.
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Rectify known hazards (mould, damp, loose fittings, leaks).
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Keep certificates up to date (EICR, Gas Safety, EPC).
During tenancy:
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Respond quickly to repair requests.
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Document inspections and tenant reports.
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Investigate damp, condensation, or health-related complaints fully.
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Record actions taken and follow up.
When tenants complain:
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Never ignore written complaints.
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Communicate clearly, set repair timelines, and follow through.
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Offer alternative accommodation during major works if needed.
Key takeaway
The Homes (Fitness for Human Habitation) Act 2018 raises the bar for property standards in the private rented sector. It’s not just about fixing what’s broken — it’s about ensuring your property provides a safe, healthy, and decent environment for tenants from day one.
Proactive maintenance, solid documentation, and early intervention are your best defences against claims.
Disclaimer: NetRent does not provide legal advice. These articles represent our understanding of rental property law.
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