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.
英格兰。 于 5 October 2026 对照法律进行核查. 信息，非法律建议。
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.
Read more: Repairs, damp and mould: what the landlord must fix, and how fast
Related: Landlord's repairing obligations (section 11), HHSRS
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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.