Key Criteria for ‘Fitness for Human Habitation’
The Fitness for Human Habitation Act 2 018 strengthened tenants’ rights by imposing obligations on landlords to ensure that rented properties meet certain standards. The New Homes Act (Fitness for Human Habitation) 2018 extends the pre-existing Landlord and Tenant Act. It means that all landlords with any sort of tenancy after March 2020 must be providing safe properties for their tenants with sufficient heating, electricity and building structures to make it a liveable environment.
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Key Criteria for ‘Fitness for Human Habitation’
Structural Stability
Dampness and Mould
Ventilation and Air Quality
Sanitation and Drainage
Water Supply
Heating and Insulation
Fire Safety
Electrical Safety
Pest and Vermin Control
Accessibility and Amenities
Which Tenancies Does This Apply to?
Since late March 2020, any new or existing tenancies have been subject to this law. Every landlord must ensure that their property is kept up to a good standard and maintained throughout the entire term of the tenancy. If a tenant complains of any of the following criteria, they let their tenant know they are aware and must promptly fix the problem. Failure to do so may result in the tenant taking them to court, which they are within their rights to do because of the Act.
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What are the Key Criteria?
If any of the problems stated below are present in the property, whether it is a house or flat, and your landlord has refused to fix the issues, you are eligible to sue them.
1 No Water Supply
If there is no hot or cold water, or the water that flows is contaminated and not safe for human ingestion or use, the landlord is required to take up this matter and rectify the cause of the problem. This is an issue because having no water for drinking, cooking, or showering contradicts the Act’s purpose, which aims to make the property liveable. Having no clean water makes everyday human tasks difficult and should be an amenity that every tenant should live comfortably and safely.
2. Extreme Temperatures
If the living environment is too cold or too hot, this is a risk for tenants as it threatens their safety and can cause multiple health issues. When exposed to low temperatures, the people living in the property are susceptible to hypothermia which leads to shivering, confusion and fatigue; in the most dangerous conditions, even pneumonia can be caused. On the other hand, high temperatures can cause hyperthermia, headaches and respiratory problems. As a result, the temperature of the building must be maintained at a normal range to avoid these terrible symptoms.
3. Mould or Damp
Mould is a result of dampness caused by high humidity, inadequate ventilation or water leakages, which cause microorganisms to grow and infect the house. Not only is mould an eyesore, but it also has numerous health effects when humans are exposed to inhaling it for long periods. These include respiratory problems like difficulty breathing, coughing, migraines, and fatigue. If mould is contaminating the property, the landlord should hire the appropriate cleaners to remove it to prevent any long-term health effects.
4. Unstable Building Structures
Landlords are obligated to offer secure buildings to tenants with infrastructure that is safe to live in and won’t fall or collapse. However, suppose there is collapse whilst the tenant is already residing inside the property. In that case, the landlord should rectify this damage as rapidly as possible as they may collapse under the tenant and physically injure them. Unstable structures also include those which can cause falls from one level to another, falls in the shower, on uneven steps or elevated surfaces. Furthermore, there should be sufficient space to sleep and eat in a designated kitchen area and bedroom area, which are instrumental for a person to live healthily.
5. Poor Ventilation
Ventilation is defined as the movement of air from inside the property to the outside to ensure clean air is coming inside the building and maintain humidity. Not only may this lead to aesthetic issues like mould growth, but additionally flu-like symptoms resulting from fluctuating temperatures, excessive dust, and nasal congestion. Ways to fix this issue are sufficient windows in the property that can open and allow air in and light.
6. Cooking Inadequacies
The cooking efficiency can be affected when there is insufficient water, no kitchen space, exposure to mites or pests, no storage like a fridge, or potential risks of fire when attempting to switch on ovens or other fixtures. The Homes Act can be invoked when any of these issues arise whilst a tenant attempts to cook, as they limit the convenience of eating food safely without being exposed to hazards.
Other vital criteria include insufficient lighting, security, household waste removal and hygiene, contact with explosions, excessive noise, and fires.
The New Homes Act – To Conclude
In conclusion, there are numerous occasions in which a tenant can take their landlord to court for failing to maintain liveable conditions if they have been notified and remained complacent in their attempts to fix these problems.
6 Key Criteria for The New Homes Act ‘Fitness for Human Habitation’ – Find out more about the importance of insurance here .
6 Key Criteria for The New Homes Act ‘Fitness for Human Habitation’ – Other useful links about Business Insurance:
Multi-Property Landlord Insurance
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