Homes (Fitness for Human Habitation) Act 2018
Official Summary
To amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation; to amend the Building Act 1984 to make provision about the liability for works on residential accommodation that do not comply with Building Regulations; and for connected purposes.
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Overview
This bill amends the Landlord and Tenant Act 1985 to ensure that all rented residential accommodation in England is fit for human habitation. It introduces an implied covenant in leases requiring landlords to maintain properties to a habitable standard and gives tenants stronger legal recourse if this standard is not met.
Description
The bill primarily focuses on amending the Landlord and Tenant Act 1985. Key changes include:
- Implied Covenant: A new implied covenant is introduced for leases of dwellings in England, obligating landlords to ensure properties are fit for human habitation at the start of the tenancy and remain so throughout. This applies to leases under 7 years and certain longer-term tenancies.
- Landlord Exemptions: The bill lists specific exceptions where landlords are not responsible for repairs, such as those caused by tenant negligence, inevitable accidents (fire, flood), or situations requiring third-party consent.
- Void Clauses: Any lease clauses attempting to exclude or limit the landlord's obligations regarding habitability are deemed void.
- Specific Performance: Courts can order specific performance of habitability obligations, meaning landlords can be compelled to undertake necessary repairs.
- Landlord Access: A covenant is implied allowing landlords reasonable access to inspect the property with sufficient notice.
- Extension to Agricultural Workers: The implied covenant is extended to dwellings provided to agricultural workers as part of their remuneration.
- Definition of "Fit for Human Habitation": The definition is broadened to include prescribed hazards (defined through regulations) in England.
- Commencement: The Act comes into force three months after it is passed.
Government Spending
The bill does not directly specify any figures for increased government spending. However, potential indirect costs could include increased enforcement activity by local authorities or legal costs associated with disputes.
Groups Affected
- Private Tenants in England: They benefit from enhanced legal protections ensuring habitable living conditions.
- Landlords in England: They face increased legal obligations and potential costs associated with maintaining properties.
- Local Authorities: They may experience increased workload related to enforcing the new regulations.
- Agricultural Workers in England: They gain the same protection as private tenants regarding the habitability of dwellings provided as part of their employment.
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