Fitness for human habitation

The legal requirement that a rented home is fit to live in at the start and throughout the tenancy, which tenants can enforce themselves in court.

In short: The Homes (Fitness for Human Habitation) Act 2018 added a term to tenancies in England that the home must be fit for human habitation when let and throughout. It covers serious problems such as damp, cold, pests, poor ventilation or hazards. A tenant can take the landlord to court to enforce it.

Repairs and standards For tenants

England. Checked against the law on 5 October 2026. Information, not legal advice.

The Act inserted section 9A into the Landlord and Tenant Act 1985. A home may be unfit because of:

serious damp or mould, or lack of ventilation;
poor natural lighting, or no adequate supply of water or drainage;
problems with the kitchen, toilets or bathroom;
any of the hazards in the Housing Health and Safety Rating System that is serious enough.

Unlike HHSRS action, which is taken by the council, this lets the tenant go to court for an order that the work be done and for compensation. The landlord is not responsible for problems the tenant caused.

Where this comes from

Guides on this

Guide

What is the minimum EPC rating to let a home in England?

A home you let in England needs an EPC rated E or better, unless an exemption is on the PRS Exemptions Register. The planned rise to C from 1 October 2030 is government policy but still needs new law.

Related terms

Glossary

Awaab's Law

Rules setting fixed times for landlords to investigate and fix damp, mould and other serious hazards. In force for social housing; due to be extended to private lets.

Glossary

Category 1 hazard

The most serious level of hazard under the HHSRS. When a council finds one in a home, it must take enforcement action.

Glossary

Decent Homes Standard

A standard a home must meet: free of serious hazards, in reasonable repair, with reasonably modern facilities and warm. Applies to social housing; planned for private lets.

Glossary

EICR codes: C1, C2, C3 and FI

The codes an electrician uses on an EICR: C1 danger present, C2 potentially dangerous, FI further investigation needed, C3 improvement recommended.

Glossary

Harassment of a tenant

Acts by a landlord or anyone for them that are likely to interfere with a tenant's peace or comfort, meant to make them leave or stop using their rights. A criminal offence.

Glossary

Housing Health and Safety Rating System (HHSRS)

The method councils in England use to assess hazards in homes, such as damp, cold, falls and fire, and decide whether to take action against the landlord.

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