Understanding the Homes (Fitness for Human Habitation) Act 2018

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You might not have heard of the Homes (Fitness for Human Habitation) Act 2018, but if you rent or manage property in England, it matters more than you think.

This important piece of legislation is changing how disrepair is handled in rented homes.

It gives tenants significant rights and places clear duties on landlords.

And while it’s not about catching landlords out, it is about raising standards and making sure every home is safe, healthy and fit to live in.

Here’s what you need to know, in plain English.

What does the Act actually do?

The Act requires all rented homes in England to be 'fit for human habitation' both at the start of the tenancy and throughout its duration. If a property isn’t fit — due to damp, mould, unsafe electrics, poor ventilation, pest infestations or other issues — tenants have the right to take their landlord to court.

It applies to both social and private landlords, including housing associations and local authorities.

What counts as ‘unfit’?

The law doesn’t give a strict list, but it does include:

• Serious damp and mould
• Structural instability
• Unsafe gas, electrics, or heating
• Inadequate ventilation or natural light
• Risk of injury due to poor layout or maintenance
• Pest or vermin problems
• And other hazards covered by the Housing Health and Safety Rating System (HHSRS)

In other words, if the condition of the property is seriously affecting someone’s health, safety, or comfort then it could be 'unfit'.

What can tenants do under the Act?

If a tenant believes their home is unfit and the landlord hasn’t resolved the issue, they can now take direct legal action without needing to involve the local council.

The court can order the landlord to carry out repairs and may award compensation to the tenant.

This is a big shift - it means tenants don’t have to wait for environmental health to intervene as they can use the courts to assert their rights.

What should landlords do?

While most aim to keep their properties in good condition, this Act means that failing to deal with issues like damp, cold, or unsafe living conditions could now lead directly to legal action.

Landlords should take this law seriously and do this:

• Inspect properties regularly
• Respond to repair reports quickly
• Train their people on the legal definition of 'fitness'
• Act fast when there’s a health or safety concern

How can DISREPAIR AWARE help?

Many rented homes are not inspected regularly or maintained properly - we want to help improve housing conditions for everyone.

We help tenants and leaseholders understand their rights and get support and help registered providers, private landlords and estate agents to understand their obligations and get compliant.