Overview

This bill amends the Landlord and Tenant Act 1985 to legally require that all privately rented homes in England and Wales are fit for human habitation. Landlords will be legally obligated to ensure their properties meet this standard, both initially and throughout the tenancy.

Description

The Homes (Fitness for Human Habitation) Bill introduces a new implied covenant into the Landlord and Tenant Act 1985. This covenant means landlords must ensure that rented properties are fit for human habitation from the start of the tenancy and maintain them in that state. This implied covenant cannot be excluded or limited by contract.

Specific Changes:

• A new section 8 is added to the 1985 Act, outlining the implied covenant for fitness for human habitation.
• The bill specifies exceptions to the landlord’s obligations (e.g., damage caused by fire, tenant's own actions, repairs the tenant is responsible for).
• Any contractual clauses attempting to exclude or limit the landlord's responsibilities under this new covenant are declared void.
• The bill clarifies the types of repairs and maintenance landlords are responsible for, including aspects relating to Category 1 hazards (as defined by the Housing Act 2004).
• The bill applies to England and Wales, with a three-month delay for implementation in England after Royal Assent, and a later date in Wales to be set by the Welsh Ministers.

Government Spending

The bill does not directly specify government spending. However, increased enforcement and potential legal challenges may lead to increased costs for local authorities or government agencies responsible for housing standards. Conversely, the bill may reduce government spending on addressing problems resulting from unfit housing.

Groups Affected

• Private Landlords: Will face increased legal responsibilities and potential costs for maintaining their properties to a higher standard.
• Private Tenants: Will benefit from increased legal protections and improved living conditions. They will have stronger legal recourse if their homes are unfit for habitation.
• Local Authorities: May experience increased workload in enforcing the new legislation and resolving disputes.
• Housing Courts: Potentially increased caseloads resulting from disputes between landlords and tenants regarding fitness for habitation.

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