The Homes (Fitness for Human Habitation) Bill passed its Third Reading in the House of Lords on 19 December 2018 and became an Act on the 20 December 2018.
It is expected to have a dramatic effect on a landlord’s repairing obligations and potential exposure to new legal claims.
In England, the new Section 9A (1) of the Landlord and Tenant Act 1985 implies into a residential tenancy agreement the requirement that the property is fit for human habitation at the time the tenancy is granted (or otherwise created) or, if later, when the tenancy begins and will remain fit for human habitation during it.
– It will apply to all new tenancies of a term of less than 7 years (including new periodic tenancies) granted on or after 20 March 2019.
– It will apply to all tenancies that began as a fixed term before the 20 March 2019, but become a periodic tenancy after 20 March 2019.
– It will apply to all periodic tenancies on 20 March 2020.