The Homes (Fitness for Human Habitation) Act 2018 was enacted in December 2018 and comes into force on 20 March 2019. We featured this legislation in an earlier edition and will be circulating an update next month. But essentially, the Act implies into certain tenancies a covenant by the landlord that the dwelling
is fit for human habitation and
will remain fit for human habitation throughout the term.
Many housing associations' tenancies will be caught out by this.
The impact of Right to Buy is under critical scrutiny – particularly in London. Tom Copley, a member of the London Assembly, consulted 33 local authorities in London. He found that 42% of Right to Buy homes are now being privately let, and haven’t been replaced. One London borough received £16m from the sales of homes, and then spent £108m buying them back to facilitate regeneration projects. A petition has been launched calling for an end to Right to Buy in England – similar to the position in Wales.
Finally, the Government’s call for evidence on whether to create a specialist Housing Court has just closed. The Government’s aims are a) to reduce costs b) improve access to justice c) easier access to justice and d) improved time lines for property cases. However, there is no proposal to increase legal aid or to ensure the parties to housing cases have legal representation. Many in the sector believe improvements to the county court could achieve these aims without any restructuring. The Government is expected to publish its findings towards the end of 2019.
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