I have written an article about The Homes (Fitness for Human Habitation) Act 2018 before, and others at Dutton Gregory have also highlighted it in recent weeks. However, given the proximity of its implementation, it is perhaps worth mentioning again.
My (more) in-depth look at the HHFHHA will be published on our website on 28 February for those who are interested.
The headline is, though, that the new Act will amend relevant sections of the Landlord and Tenant Act 1985, namely sections 8-10 inclusive, and extends the obligations included in those sections to cover nearly all landlords and to bring the fitness for human habitation. Should a property be found to be unfit for human habitation, the tenant of that property will be entitled to bring a claim for general damages, the basis of the assessment of which will be a loss of amenity, in the County Court. This really is no different to current disrepair claims.
The Homes (Fitness for Human Habitation) Act 2018 (HFHHA), which comes into force on 20 March 2019, amends the Landlord and Tenant Act 1985 (LTA) and requires all landlords, whether in the social or private rented sector, to ensure that the homes they let are fit for human habitation.