What Has the Introduction of the ‘Habitation Act’ Meant For Landlords?
The Homes (Fitness for Human Habitation) Act 2018 was introduced so that after March 2020, all landlords would have to maintain a certain standard in regards to their tenancies. It is a slight modification to the Landlord and Tenant Act 1985, as now both private landlords from the council and social landlords are affected by these changes.
Moreover, each flat or house property would have to have a stable building structure, sufficient lighting, space to cook and sleep, adequate ventilation, and be free from mould or toxic gases. For tenants, this is excellent news as they are less responsible for reparations. But what has the introduction of the habitation act meant for landlords?
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What Has the Introduction of the ‘Habitation Act’ Meant For Landlords?
1. The Property Should Be Inspected Thoroughly Before the Tenant Moves in
To avoid the future hassle, it is wise to evaluate the property before it is put on the market and ensure that the Habitation Act’s critical criteria are present. This should be done before the prospective tenants move in to avoid loss of rent and lots of distress when construction work or cleaning takes place. The occupants must find temporary accommodation to live in until the process is complete.
The most important thing to consider is the infrastructure and design of the property: whether it has collapsing structures, there is elevated or depressed surfaces, if there is enough space to live in if the stairs are secure, and there is no way of falling from one level to the bottom. These are the most time-consuming corrections. They should be done before the tenants inhabit the property. Whilst it is unlikely that a tenant would view the property and decide to rent it regardless, they would be within their full right to complain as soon as they settle in, and the work would have to be done either way.
2. Reparations Should Be Fast
If a landlord does not take the necessary precautions to make the property safe to live in before the tenants arrive, or a fault arises after they have already moved in, the process of fixing the issue should be as fast as possible. For example, if there is a sudden problem like the roof collapsing and the occupants are worried about their safety, they will immediately let their landlord know that this problem has to be fixed and that workers must be hired.
Once the landlord is aware, they must evaluate the cause of the problem and employ builders to fix the falling structure. Failure to do this promptly, giving the tenant notice before entering the property, or doing so at a time that is not convenient, gives the tenant the right to invoke the Habitation Act.
However, there are exceptions to how long the reconstruction process should take. For example, if the landlord has tried to initiate the procedure of fixing the problem, but they do not have the right to do so or have to wait until their mortgage company allow them, the process is allowed to take longer. Additionally, if the damage were caused by a natural disaster like a fire or flood, or because of something the tenant did recklessly which caused the damage, they would be responsible for rectifying it.
3. More Insurance May Be Necessary
With the introduction of the Habitation Act, it is expected for more tenants to take their landlords to court for failure to keep the property clean and hazard-free. Suppose they refuse to correct the problems, or it takes them a long time to do so. In that case, the tenants become exposed to chemicals, dampness or unsafe structures for a more extended period.
Therefore, the risks of physical harm or mental strain become more severe. For example, extreme temperatures may cause hypothermia or hyperthermia, and carbon monoxide poisoning can lead to extreme confusion and weakness. As a result, landlords are encouraged to apply for legal expenses insurance if they have not done so already or have a more comprehensive policy that would cover them for more accidents.
The costs of hiring competent legal defence are hefty, in addition to the filing of paperwork and other similar factors. Insurance should be obtained accordingly so that landlords are not impacted financially by these proceedings.
Additionally, landlords building insurance may be beneficial for the costs of rebuilding the property.
What Has the Introduction of the ‘Habitation Act’ Meant For Landlords? To Conclude
Overall, the Habitation Act is an extremely needed law. It protects tenants from having to live in dirty, dangerous properties or don’t have enough facilities for cooking or space for sleeping. Landlords may have to be extra diligent when renting out properties and should have adequate communication with their tenants, fair and just.
Find out more about the importance of insurance here .
Other useful links about Business Insurance:
Building Insurance for Landlords
Landlord Contents Insurance
UK General Landlord Insurance
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