Overview

This bill amends the Landlord and Tenant Act 1985 to legally require that all rented residential properties in England and Wales are fit for human habitation, both at the start of the tenancy and throughout its duration. It aims to improve the living conditions of renters by strengthening their rights and holding landlords accountable for maintaining habitable properties.

Description

The bill primarily amends Section 8 of the Landlord and Tenant Act 1985. It introduces an implied covenant, meaning it's automatically included in tenancy agreements unless explicitly excluded (which is made void by this bill), that landlords must ensure their properties are fit for human habitation at the start of the tenancy and maintain this standard throughout. This includes addressing any Category 1 hazards (as defined by the Housing Act 2004). However, the bill clarifies that landlords are not responsible for repairs caused by the tenant's actions, damage from unforeseen events (fire, flood etc.), items the tenant can remove, repairs requiring a superior landlord's consent (if refused), or repairs that would put the landlord in breach of other legislation.

The bill also amends other sections of the 1985 Act, clarifying the types of covenants and matters included in landlord responsibilities.

The bill will come into force in England three months after receiving Royal Assent, applying to all new leases after this date. Implementation in Wales will be determined by the Welsh Ministers.

Government Spending

The bill doesn't directly specify government spending figures. The cost will likely depend on enforcement and any potential legal challenges. Increased enforcement could lead to higher government expenditure, while successful legal challenges could result in lower expenditure. No precise figures are given.

Groups Affected

• Private renters: Will benefit from improved living conditions and stronger legal protection against substandard housing.
• Landlords: Will face increased legal responsibilities and potential costs associated with maintaining habitable properties. They may face legal action if properties are not deemed fit for human habitation.
• Local authorities: May see an increased workload related to enforcement and handling of complaints.
• Legal professionals: May experience increased demand for services relating to tenancy disputes and legal challenges to the Act.

Powered by nyModel