News & Views

Fit for habitation

Following the Homes (Fitness for Human Habitation) Act 2018 which came into force on 20 March 2019, residential accommodation rented to tenants, must be provided and maintained in a state fit for human habitation.  Therefore, a property must be brought up to a certain standard even where at the start of that tenancy there was disrepair.

Landlords must ensure that property is suitable for occupation and is in good repair, free from damp, well ventilated, with water and drainage, have facilities for the preparation and cooking of food and the disposal of waste water.  The legislation also applies to common part areas. This will cover leases granted after 20 March 2019 for a term of less than seven years.

Tenants are able to seek specific performance or damages through the civil process if their living accommodation or common parts are not fit for human habitation.

For further information please contact our residential team.

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