Karen Buck MP private member’s bill – Homes (Fitness for Human Habitation) Bill – continues to make progress through Parliament. If the bill comes into effect, it will greatly improve the quality of life for many people in England. Organisations such as Shelter, The Residential Association of Landlords and the National Association of Landlords all support the bill and in January 2018 the Government confirmed it would also back the bill.

The purpose of the bill

Under section 8 of the Landlord and Tenant Act 1985 there are implied into every tenancy the following 

1. a condition that the house is fit for human habitation at the commencement of the tenancy, and
2. an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.

 

However these provisions do not apply where the rents exceed certain limits. Those limits are - in London: £80 per annum and elsewhere: £52 per annum. Incredibly, these figures have not been increased for years and so section 8 ceases to have any effect for most leases.

The bill will give tenants the right to take action where a landlord fails to let and maintain a property that is fit for human habitation.

Background to the bill

Several recent authoritative surveys have identified longstanding concerns about property standards – particularly (but not exclusively) in the Private Rented Sector (PRS). The proportion of homes in the PRS which failed to reach the ‘decent homes standard’ in 2016 was 27%. Because of the growth of lettings in the PRS, this amounted to 1.3 million homes! This compares with 24% of owner occupiers and 22% of social homes. 

Meaning of fitness for human habitation

A property is regarded as unfit for human habitation if it is defective in one or more of a number of matters including

• Repair
• Stability
• Freedom from damp
• Drainage and sanitary conveniences and
• Facilities for the preparation and cooking of food.

 

The 1985 Act required landlords not to let or continue to property if they were unfit.

As we explained, the Act no longer has relevance because of the increase in rents. There is no common law requirement on a landlord to maintain their property at a level fit for human habitation.

Statutory obligations as to repair

The most relevant is firstly the Defective Premises Act which places a duty on landlords to take reasonable care in the circumstances to ensure anyone likely to be affected by defects in the premises are reasonably safe from personal injury.

The second is section 11 of the Landlord and Tenant Act 1985 which requires landlords in lettings of less than seven years to carry out repairs to

• The structure and exterior
• Basins, sinks etc and other sanitary installations; and
• Heating and hot water installations.

 

Specific requirements in rented dwellings

Landlords are required to adhere to certain maintenance and repair obligations when letting premises including obtaining

• Gas safety certificates
• Electrical safety certificates
• Installation of smoke and carbon monoxide alarms and
• Thermal efficiency – minimum EPC rating of E since 1 April 2018.

 

Piecemeal framework

The existing statutory framework has been criticised because it is fragmented. For example

• There is no general requirement of fitness for habitation
• Section 11 described above only provides a potential remedy if there is disrepair. Section 11 will not assist where a dwelling lacks basic standards and a tenant is seeking improvements
• Tenants who complain have found themselves at risk of retaliatory eviction where a private landlord serves a section 21 notice 
• There is no legal aid available to tenants who are claiming damages unless there is serious risk of harm to health
• There is significant inconsistent action on the part of local authorities

 

What the bill seeks to do

The bill will amend the 1985 Act to cover almost all landlords and strengthen the fitness for habitation test. 

It will provide the following measures 

• there will be be an implied covenant in a lease that a landlord must ensure that their property is fit for human habitation at the beginning and for the duration of the tenancy; and
• where a landlord fails to let/maintain a property that is fit for human habitation, the tenant will have the right to take legal action for breach of contract (covenant) on the grounds that the property is unfit for human habitation.

 

These implied obligations will have effect three months after the commencement of the new act. We will report on this further as and when it comes into force.