Keep the home fit for human habitation

A lease of a dwelling in England let wholly or mainly for human habitation for a term of less than 7 years (and certain longer social leases). Applies to tenancies granted on or after 20 March 2019 and, since 20 March 2020, to all periodic tenancies. Not a lodger's licence.

Ensure the dwelling, and any common parts in which the landlord has an interest, is fit for human habitation when the tenancy starts and remains so. Fitness is judged on repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for cooking and waste water, and any of the 29 HHSRS hazards; the home is unfit if it is so defective in one or more of these that it is not reasonably suitable for occupation. The landlord may enter to view condition at reasonable times with at least 24 hours' written notice.

Deadline

Ongoing

Liability usually runs from when the landlord is made aware of the problem; hazards in common parts of a block or HMO make the landlord liable immediately (GOV.UK guide).

• Inspection reports at check-in and periodically
• Repair log showing prompt response to reported defects

Other consequences

Tenant can sue for breach of contract; the court can order works (specific performance) and compensation. Council enforcement powers remain available alongside.

• Landlord and Tenant Act 1985, s.9A (inserted by the Homes (Fitness for Human Habitation) Act 2018)legislation.gov.uk
• Landlord and Tenant Act 1985, s.9B (leases to which s.9A applies)legislation.gov.uk
• Landlord and Tenant Act 1985, s.10 (matters for determining fitness)legislation.gov.uk

Official guidance

Exceptions: tenant-caused damage, destruction by fire or flood, items the tenant can remove, works that would breach other law, and works needing third-party consent that could not be obtained after reasonable efforts.

• Keep the property free of category 1 hazards (HHSRS)In force since 6 April 2006Fine up to £7,000

  Councils assess homes under the Housing Health and Safety Rating System and must take enforcement action if they find a category 1 (high risk) hazard, so landlords need to keep homes free of them.

• Comply with a council improvement noticeIn force since 6 April 2006Fine up to £40,000

  If the council serves an improvement notice, you must start and finish the specified works by the dates in the notice; failing to do so is a criminal offence.

• Civil penalty up to £7,000 for a category 1 hazard (in force 22 June 2026)In force since 22 June 2026Fine up to £7,000

  Since 22 June 2026 councils can fine the responsible landlord up to £7,000 when they first take enforcement action on a category 1 hazard in a privately rented home, if it would have been reasonably practicable to remove it.

• Awaab's Law (fixed timescales for hazards) for private tenanciesProposed, not yet law

  The Renters' Rights Act 2025 contains the power to extend Awaab's Law (legal deadlines to investigate and fix hazards such as damp and mould) to private tenancies, but it is not in force and no start date has been set.

• Decent Homes Standard for privately rented homes from 2035Not yet in force: confirmed, no start dateFine up to £7,000

  The government has confirmed that a new Decent Homes Standard will apply to privately rented homes from 2035, enforced by councils. The standard's regulations have not yet been made.

• Repair the structure, exterior and installations (Landlord and Tenant Act 1985 s.11)In force

  For tenancies under 7 years, the landlord must keep the structure and exterior in repair and keep the water, gas, electricity, sanitation, heating and hot water installations in repair and working order.

• Give 24 hours' written notice to enter to inspect repairsIn force

  Where the landlord repairing covenant applies, you may enter to view the condition and state of repair only at reasonable times and after giving the occupier 24 hours' written notice.