The Fitness for Human Habitation Bill comes into effect on the 20th March, 2019. The main objective is to strengthen tenant rights to have repairs rectified that may have a negative impact on their quality of life.
Responsible landlords who proactively work to maintain their properties only need to be aware of the changes, and know how it’s likely to impact property management as there will be a need to inspect and document the state of leased properties during tenancies.
The main change is tenants will have the right to go directly to court to begin legal proceedings against landlords who don’t take remedial action to keep their properties maintained in a habitable condition.
Previously, tenants were required to lodge complaints to their local authority, who would then follow up with an inspection. An enforcement officer would assess the property and if they agreed repairs were required, they could issue an enforcement notice on the landlord, or have emergency work carried out and invoice the landlord for repairs.
Understanding the Housing Health and Safety Rating System (HHSRS)
The HHSRS was introduced as part of the Housing Act 2004 as an assessment method for local authorities to use when responding to safety concerns of tenants.
In the guidance (listed here), there are 29 listed health and safety hazards across four categories addressing:
- Physiological requirements
- Psychological requirements
- Protection against infection
- Protection against accidents
Should tenants report any of the 29 listed hazards to their landlord and no action is taken, the new amendments to the Fit for Habituation Bill means tenants can now bypass their local authority and go directly to court to begin legal proceedings.
How to Ensure You’re Protected Against Legal Action
Tenancy agreement clarity
Your tenancy agreement should stipulate that you have a right to inspect the property and that should be done periodically. It should be noted that inspections can only be done by notifying your tenant in writing at least 24 hours prior to attending the property and it needs to be at a reasonable hour. For landlords with day jobs, don’t show up at night.
Best practice is to call your tenant, agree on a date and time that works for both and then follow up with a confirmation letter.
Take pictures with consent
It is common practice to take digital images to reflect any damages in need of repair, however, this should only be done with consent. Ideally, when talking with your client and on the written letter, make your tenant aware that any issues identified as potentially hazardous may be photographed for documentation.
What to be aware of with photographing properties is your tenants’ right to privacy. Only photograph areas of concern, or an area that’s been flagged for repair and photographed at a later inspection to show the repair work has been completed. Tenants are more likely to be hesitant to having personal belongings photographed so be careful where you point the camera.
Give tenants an up-to-date copy of the How to Rent Guide
Landlords in England are not required by law to provide a copy of the How to Rent Guide (found here). However, if you don’t, you won’t be able serve a section 21 notice to evict a tenant without reason, provided you give them at least two months notice.
Section 7 (of the current version) is the beneficial part of the guide for landlords as it reinforces that tenants should be directing concerns to their landlord first, before exploring other avenues.
Make sure tenants know who to call to report concerns
The simplest way to avoid any legal issues arising from the Fit for Habitation Bill is to make it easy for tenants to report concerns. You want tenants giving you the chance to rectify things. Not going to the environmental health department, feeling ignored and forced into taking legal advice, which could lead to legal action.
Get repairs fixed as soon as possible
The Fit for Habituation Bill only strengthens existing tenant rights. The main changes landlords ought to be concerned about is repairable issues that can affect people’s health, both from conditions inside and outside the property.
Heating concerns, a lack of ventilation, condensation, rising damp, mould and fire safety are examples of things to be on the lookout for during inspections, and to take remedial action on any issues within the property, which could result in it being deemed unfit for habitation.
In Summary:
The aim of the new amendments is not to improve living conditions specifically, but instead to prevent tenants living in homes in states of disrepair. It is more likely to affect social landlords (housing associations) as they work closely with councils.
Given the HHSRS is overseen by local authorities and as pointed out by David Smith – Residential Landlord specialist at Anthony Gold – “the HHSRS cannot be used against local authority landlords as that would have local authorities enforcing against themselves”...
That changes on 20th March, 2019 when tenants get more legal protection. The majority of private residential landlords already abide by the rules, but the few unscrupulous landlords bringing the industry into disrepute; their tenants will have more legal rights to force landlords into bringing their properties up to habitable standards.
For landlords managing your own property (not a managed letting service) and need further advice on the changes, you can call us on 01925 499599, or drop by our office to talk through what the changes may mean for you.
