Housing Solicitors

Rented properties are, unfortunately, very often not fit for purpose. With an increased number of people being less likely to afford to buy a quality property, a high demand for rental properties has resulted in many tenants, both private and those in social housing, living in unsafe conditions.

Following the tragedy of the Grenfell Tower fire, the lawmakers’ intentions were that landlords should be more considerate of their obligations to their tenants. Accordingly, the Homes (Fitness for Human Habitation) Act 2018 (“The Homes Act”) came into force on 20 March 2019 to ensure that social and private sector landlords or agents acting on their behalf, guarantee that their rented dwellings are ‘fit for human habitation’. In other words houses and flats need to be safe, hygienic, and free from anything that could cause serious harm. It amended the Landlord and Tenant Act 1985 therefore breaches of the Homes Act may give rise to claims for compensation and remedy of the defect.

The Homes Act adds an implied covenant that a home let must be fit for human habitation at the start of the tenancy and it must remain so during throughout the duration of the tenancy (section 9A(1)).

S.10 of the Landlord and Tenant Act provides a definition of fitness of for human habitation and includes the following factors:

• Stability


• Freedom from damp


• Internal arrangement


• Natural lighting


• Ventilation


• Water supply


• Drainage and sanitary conveniences


• Facilities for preparation and cooking of food and for the disposal of waste water

Accordingly, a dwelling might deemed unfit for human habitation if a tenant can show that it is defective in one or more of those matters and that, on a balance of probabilities, it is not reasonably suitable for occupation in such condition.

Examples of issues which may mean that a property is unfit for human habitation include the presence of the following:-

• Excess cold or heat


• Excess damp and mould growth


• Exposed asbestos


• Carbon monoxide


• Excess radiation


• Overcrowding


• Lack of light


• Excess noise


• Pests


• Lack or poor ventilation


• Poor sanitation and drainage


• Lack of or unsafe water supply


• Unsafe layout (e.g. steps between floor levels)


• Electrical hazards

Although most landlords make sure that the houses and flats they rent out are safe and secure, warm and dry, some do not, and this means that those tenants live in dangerous or unhealthy conditions. Ultimately, those tenants who are living in such dreadful conditions are likely to benefit from the law under the Homes Act.

All landlords (private and social) are required to ensure that their properties, including any common parts of the building, are fit for human habitation at the beginning of the tenancy and throughout. The Act states that there is an implied agreement between the tenant and landlord at the beginning of the tenancy that the property will be fit for human habitation

Presently, the Homes Act applies only to new tenancies of properties in England that were granted on or after 20th March 2019. However, from March 2020 it will apply to all tenancies that commenced before 20th March 2019. The Act does not cover people who have licences to occupy rather than tenancy agreements, such as lodgers, those living in certain types of temporary accommodation, and some, but not all, property guardians.

Under the Homes Act, if a property is deemed unfit, the tenant has the right to bring a claim against the landlord for breach of contract. Tenants can bring a claim directly to the court for an injunction and have their landlord carry out repairs to rectify a defect as well as obtain a compensation award for loss of amenity and damage to health and/or belongings.

Legal aid will be available for tenants in certain cases as well as “no win no fee” arrangements. With that in mind, it is imperative that tenants who wish to raise a grievance over poor living conditions with their landlords, rely on documentary evidence that the problem affects them so much so that they cannot safely live in the property. Additionally, tenants should also explore pre-action steps first in an attempt to secure early resolution before taking the matter to court. If a tenant can safely continue occupation of the dwelling, it is unlikely that it will be deemed unfit for human habitation (and it might be subject to an alternative course of action).

The landlord has the right to inspect of the property with at least 24 hours prior notice. A tenant should alert their landlord of any issue that needs rectifying within a reasonable time.

The landlord will not be required to remedy an issue when:

• The problem is caused by tenant behaviour


• The problem is caused by events like fires, storms and floods which are completely beyond the landlord’s control (sometimes called ‘acts of God’)


• The problem is caused by the tenants’ own possessions


• The landlord hasn’t been able to get consent e.g. planning permission, permission from freeholders etc. There must be evidence of reasonable efforts to gain permission


• The tenant is not an individual, e.g. local authorities, national parks, housing associations, educational institutions

The courts will decide whether a property is fit for human habitation by considering the matters set out in section 10 of the Landlord and Tenant Act 1985:

The building has been neglected and is in a bad condition

The building is unstable

There is a serious problem with damp

It has an unsafe layout

There is not enough natural light

There is not enough ventilation

There is a problem with the supply of hot and cold water

There are problems with the drainage or the lavatories

It is difficult to prepare and cook food or wash up

The court may make a decision on unfitness with or without expert advice. For example, if there were no plumbed sanitary conveniences in the property an expert opinion would not be necessary as the property would evidently be unfit.

Landlords would be required to rectify any damages that they are responsible for as soon as possible. If a tenant complains about a problem that is in a common part of a building, it should not be ignored but investigated thoroughly as soon as possible.

Essentially, the aim of the Homes Act is to give tenants a way to make sure irresponsible landlords improve their properties to an appropriate standard; if they do not, the tenant has recourse through the courts.

Similarly, landlords should closely review their disrepair policies and ensure that their repair systems are up to date and records kept accurately.
It is anticipated that an increase in claims brought in against landlords under the Homes Act will be seen. The Homes Act should serve as a reminder of good practice for the future ahead.



Author Agnieszka Marks is a caseworker in the housing department at Duncan Lewis Solicitors, working in Harrow, she is supervised by director Manjinder Kaur Atwal.

Contact Agnieszka on 02031141322 or at agnieszkama@duncanlewis.com

Contact Manjinder on 02031141269 or at manjindera@duncanlewis.com



Duncan Lewis Housing Solicitors

The Legal 500 2019 states Duncan Lewis is “one of the most effective firms practicing social housing law” with particular recognition for the pro-bono work undertaken, including representing a number of individuals in homelessness claims following the Grenfell Tower disaster.
Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs.

With a niche expertise in Possession and Unlawful Eviction cases the Department holds a significant presence in County Court Possession Duty Schemes throughout London including the Central London County Court.

Our housing department also offers representation in all proceedings including reviews, appeals and judicial review proceedings relating to homelessness, disrepair, succession for tenants and neighbourhood disputes against local authorities.

If you have any housing related queries or require representation please do not hesitate to contact our team of expert solicitors on 033 3772 0409.