The Homes (Fitness for Human Habitation) Bill has achieved Royal Assent, meaning that it will soon become an act of Parliament.

The Bill amends the Landlord and Tenant Act 1984 and gives powers for tenants to sue landlords in cases where a property is deemed to be unfit. The same criteria apply to all common areas of a block of private rental properties.

Put forward by Labour MP Karen Buck, the Bill passed for Royal Assent (law) on 20th December and comes into force in three months for new and renewed tenancies in England. This means it is scheduled to come into force from 20 March 2019.

All landlords or agents acting on their behalf must ensure that a rental property is fit for human habitation at the beginning and throughout the duration of the tenancy.

What does it mean when a property is deemed unfit for human habitation?

A property will be deemed unfit for habitation if there are serious defects in any of the following:

• Repair
• Stability
• Freedom from damp
• Internal arrangement
• Natural lighting
• Ventilation
• Water supply
• Drainage and sanitary conveniences; and
• Facilities for preparation and cooking of food and for the disposal of waste water.

The Act goes on to say: "the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable in that condition"

In most circumstances If the property is unfit for human habitation, the landlord is responsible and should take the appropriate action to put the issue(s) right. However, the Act does not make landlords responsible for damage or disrepair caused by the tenants' behaviour.