Renters can sue landlords over damp and mouldy homes from today
The Homes (Fitness for Human Habitation) Act, which will amend the Landlord and Tenant Act 1985, gives renters more rights
RENTERS in England and Wales can now take their landlords to court over problems including cold and damp homes.
Until today, private renters have had to rely on over-stretched local authorities to investigate poor conditions, while social tenants have had no effective means to hold their council to account, according to Shelter.
And the housing charity warns there are currently almost 1million rented homes with hazards that pose a serious risk to health and safety.
But the Homes (Fitness for Human Habitation) Act, which will amend the Landlord and Tenant Act 1985, should change this.
It takes force today and means landlords must make sure their properties meet certain standards at the beginning and throughout a tenancy.
The rules apply to new tenancies of under seven years, new secure, assured and introductory tenancies, and to tenancies renewed for a fixed term.
When is a home fit for habitation?
COURTS will decide whether a home is fit for human habitation by considering if the following points apply:
- the building has been neglected and is in a bad condition
- the building is unstable
- there’s a serious problem with damp
- it has an unsafe layout
- there’s not enough natural light
- there’s not enough ventilation
- there is a problem with the supply of hot and cold water
- there are problems with the drainage or the lavatories
- it’s difficult to prepare and cook food or wash up
- or any of the 29 hazards, such as problems with pests, that are set out in the
From March 20 2020, the rules will also apply to all periodic tenancies - ones that roll from month to month or week to week.
Shelter says the new rules will see issues such as damp caused by design defects - from a lack of ventilation, for example, rather than disrepair, and infestations of rodents, insects, and bed bugs fall under the landlord's responsibility for the first time.
The rules will force landlords to carry out repairs or to rectify problems.
If landlords fail to meet these standards, renters will be given the right to take their landlord to court.
Courts can then grant an injunction forcing the the landlord to carry out works or award compensation to the renter.
But you will have to stump up for court fees unless you're entitled to free legal aid. If you win your case, you might also get some of your costs back.
The Government says it expects standards to improve as tenants "will be empowered to take action against their landlord" where they fail to adequately maintain their property.
How quickly should repairs be fixed?
UNDERSTANDABLY, the time a fault should be fixed depends on the severity of the issue.
Under the new Act, landlords are expected to resolve problems as soon as possible. But they will be given a "reasonable amount of time" to deal with any issues.
It's up to the court to decide what this means in practice.
Landlord associations generally advise that if there is a "significant risk of danger to the health, safety or security of a tenant" then the issue must be resolved within 24 hours.
Landlords have three working days to resolve problems that "materially affect the comfort or convenience" of residents and up to 28 days for less urgent repairs.
Around 1.85million tenant households have had disrepair in the past four years that their landlord was responsible for and that wasn't fixed within the agreed timescales, according to Citizens Advice research.
For help taking your landlord to court, see .
Polly Neate, chief executive of Shelter said, “The Fitness for Human Habitation Act will give social and private renters the power they need to tackle bad conditions, which is why so many campaigned hard for it to be passed as law.
“With millions of people and families now living in rented homes, we desperately need better protections in place for renters when things go wrong.
"This new Act will help to enforce best practice for landlords and letting agents, act as a deterrent against bad behaviour, and provide a legal lever for renters to pull if their landlord isn’t complying.
“To make sure everyone renter has access to justice, the Government must also ensure legal aid is available. Legal aid means that everyone who needs to, can afford to challenge the poor or dangerous conditions that wreak havoc on people’s lives.”
Different rules are in place for renters in Scotland and Northern Ireland. Visit and for more information.
More on renting
Renters posted pictures of damp, mould filled flats on social media last year as campaigners called for fairer terms for tenants.
But there are more changes planned for renters this year, from deposit caps to three-year tenancies – we round-up the changes to renting that you need to know about in 2019.
A ban on letting agents charging renters rip-off fees will also take force this summer.
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