Homes (Fitness for Human Habitation) Act 2018
A landmark piece of legislation that gives tenants the direct right to take legal action against landlords who fail to keep their homes safe and fit to live in.
Start Your ClaimWhat Is the Homes (Fitness for Human Habitation) Act 2018?
The Homes (Fitness for Human Habitation) Act 2018 amended the Landlord and Tenant Act 1985 by inserting new Sections 9A, 9B, and 9C. It came into force on 20 March 2019 for new tenancies and 20 March 2020 for existing tenancies.
The Act requires that all rented homes in England must be fit for human habitation at the start of the tenancy and throughout. Crucially, it gives tenants the power to take their landlord directly to court — without needing to go through the council — if the property is not fit to live in.
Why This Act Matters
Before this Act, tenants had to rely on local councils to enforce housing standards. Councils were often slow or unwilling to act. The 2018 Act changed this by giving tenants a direct civil right of action — meaning you can sue your landlord yourself in the County Court without waiting for council intervention.
What Makes a Home Unfit?
The Act sets out specific matters and circumstances that can make a property unfit for human habitation. Courts consider all relevant factors when assessing fitness.
Damp & Mould
Penetrating or rising damp, condensation mould, and moisture that affects the health of occupants.
Inadequate Heating
Inability to heat the property to a safe temperature, particularly dangerous for elderly or vulnerable tenants.
Pest Infestation
Rats, mice, cockroaches, or other infestations that pose a health risk to occupants.
Electrical Hazards
Faulty wiring, exposed cables, overloaded circuits, or unsafe electrical installations.
Structural Instability
Unsafe walls, ceilings, floors, or roofs that pose a risk of collapse or injury.
Water Supply Issues
Contaminated water supply, lack of hot water, or inadequate sanitation facilities.
Fire Safety Risks
Lack of smoke alarms, blocked escape routes, or fire hazards that endanger occupants.
Ventilation Problems
Inadequate ventilation leading to condensation, poor air quality, or respiratory health risks.
Carbon Monoxide Risk
Faulty gas appliances or boilers that pose a risk of carbon monoxide poisoning.
Your Rights Under the Act
Right to Sue Your Landlord Directly
You can bring a civil claim in the County Court against your landlord without needing council involvement. The court can order the landlord to carry out repairs and award you compensation.
Right to Compensation
If the court finds your home was unfit, you may be awarded damages for inconvenience, distress, damage to belongings, health impacts, and any costs you incurred as a result of the disrepair.
Protection from Retaliatory Eviction
Landlords cannot legally evict you in retaliation for making a legitimate complaint about the condition of your property. The Deregulation Act 2015 provides additional protections in this area.
Right to a Habitable Home Throughout
The obligation is ongoing — not just at the start of the tenancy. If conditions deteriorate during your tenancy, your landlord must restore the property to a fit standard once notified.
When Does the Act Not Apply?
There are limited circumstances where a landlord may not be liable under the Act.
Tenant-Caused Damage
If the disrepair was caused by the tenant's own actions, misuse, or failure to use the property in a tenant-like manner.
No Notice Given
The landlord must have been notified of the problem and given a reasonable time to carry out repairs before liability arises.
Tenant Refuses Access
If the tenant unreasonably refuses to allow the landlord access to carry out repairs, the landlord may not be liable.
External Factors
Conditions caused entirely by events outside the landlord's control, such as extreme weather events, may be excluded in some circumstances.
How to Make a Claim Under the Act
Identify the Unfitness
Document the specific conditions that make your home unfit — damp, mould, heating failure, pest infestation, etc. Take dated photographs and videos.
Notify Your Landlord in Writing
Send a written notice to your landlord describing the issues clearly. Email is acceptable. Keep a copy of all correspondence.
Allow Reasonable Time to Repair
Give your landlord a reasonable period to carry out the repairs. The timeframe depends on the severity and urgency of the issue.
Send a Letter Before Action
If the landlord fails to act, send a formal Letter Before Action citing the Homes (Fitness for Human Habitation) Act 2018. This is required before court proceedings.
Issue a County Court Claim
File your claim in the County Court. Our platform generates all the documents you need, including the N1 Particulars of Claim and Witness Statement.
Related Legislation
Is Your Home Fit to Live In?
If your landlord has failed to keep your home safe and habitable, the Homes Act 2018 gives you the right to act. Our platform generates all the documents you need.
Start Your Claim TodayNot legal advice. For legal guidance, consult a qualified solicitor.