Homes fit for Humans - The Law
- AuthorNigel Bescoby
Are you a Landlord or Tenant - updated Homes Act 2018 explains new amendments about homes being fit for purpose and human habitation.
Homes (Fitness for Human Habitation) Act 2018
Nigel Bescoby reports on the new above legislation:-
The above statute came into force in England on the 20 March 2019.
The Act amends the current fitness for human habitation found in the Landlord and Tenant Act 1985. The statute will apply to new tenancies of less than 7 years including any renewal tenancies.
Under the Act a new section 9A has been inserted into the Landlord and Tenant Act which reads as follows:-
9A(1) – there is an implied covenant by the Landlord that the dwelling is:-
(a) fit for human habitation at the time the lease is granted or otherwise created or, if later, at the beginning of the term of the lease
(b) Will remain fit for human habitation during the term of the lease.
Under 9A(2), the implied covenant to keep fit for human habitation does not require the landlord:-
- to carry out works or repairs for which the landlord is liable by virtue of the duty of the tenant to use the premises in a tenant-like manner, or an express covenant of the lessee of substantially the same effect as that duty;
- to rebuild or reinstate the dwelling in the case of destruction or damage by fire, storm, flood or other inevitable accident;
- to keep in repair or maintain anything which the tenant is entitled to remove from the dwelling;
- to carry out works or repairs which, if carried out, would put the landlord in breach of any obligation imposed by any enactment (whenever passed or made);
- to carry out works or repairs requiring the consent of a superior landlord or other third party in circumstances where consent has not been obtained following reasonable endeavours to obtain it.
It is not possible to contract out of the above provisions.
The Government has issued guidance on the new statutory framework..
If you are affected or believe you may be affected by these changes, then you should contact our firms Employment and Dispute Resolution Team for further advice. Call Nigel Bescoby on 01522 81474 or email firstname.lastname@example.org
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