Is your home fit for habitation? - Shelter England (2024)

Landlords have responsibilities to make sure their properties are fit for people to live in.

A rented home is unfit to live in when conditions or safety issues are so bad that it's not reasonable for you to live there.

This could be because the poor conditions:

  • affectyour healthseriously

  • put you at risk of physical harm or injury

  • mean you cannot make full use of your home

Landlords must make sure your home is fit to live in throughout your tenancy.

What makes a home unfit

Examples of things that could make a home unfit include:

Your home is only unfitif the problems in the property make it unsuitable to live there.

Which tenancies are covered

The rule that a rented home is fit to live in applies to most tenancies regardless of when they started.

This includes if you rent from:

  • the council

  • a housing association

  • a private landlord or letting agent

You were covered straight away if your tenancy started after 19 March 2019 or:

  • you signed a new fixed term agreement

  • your tenancy became 'periodic' (rolling)

If you had a periodic or secure tenancy from before that date, the new rules applied from 20 March 2020.

Lodgers, temporary housing and licence agreements

If you have a licence agreement rather than a tenancy you will not be covered by the fitness rules.

You probably have a licence if you're:

  • in temporary housing or a hostel

  • a lodger who lives with your landlord

What you can do if your home is unfit

You can take court action if you think your home is unfit to live in.

The court could order your landlord to:

  • carry out any work needed

  • pay you compensation

Last updated: 21 July 2022

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Is your home fit for habitation? - Shelter England (2024)

FAQs

What makes a house unfit for human habitation UK? ›

fire safety issues. damp or lack of heating. rats, mice or other pests. structural or internal disrepair.

What is the Homes Fitness for Human habitation Act England? ›

This Act makes changes to the Landlord and Tenant Act 1985 to require that all landlords ensure that residential properties are put and kept in a condition fit for human habitation both before they are let and during a tenancy. This applies to all social and private sector tenancies in England only.

Does my landlord have to provide alternative accommodation UK? ›

It is a landlord's responsibility to provide safe and habitable living conditions for your tenants. If repairs need to be made to the rented property that renders it uninhabitable, you should provide alternative accommodation, but it is not a legal obligation.

What makes a house habitable for mortgage? ›

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system. Gas facilities in good working order. Heating facilities in good working order.

What is an uninhabitable tenancy in the UK? ›

If a landlord fails to ensure a home is fit for habitation, the tenant might be able to: take court action. get help from the local authority. make a complaint to the landlord.

What makes a house habitable UK? ›

As a tenant in the UK, you have certain rights and protections under the law. The law states that your rented property must be safe, well-maintained and habitable throughout the tenancy. This includes provisions for essential utilities like water, gas and electricity, as well as a functioning heating system.

How long can a landlord leave you without a shower or bath UK? ›

If losing your sole bath or shower leaves you unable to wash at all, this constitutes an emergency repair under housing law. Much like losing heat or water completely, landlords must take immediate action within 24 hours in such dire situations.

What could a contract holder do if they felt the dwelling was not fit for human habitation Wales? ›

If the court agrees the dwelling is unfit for human habitation, they will be able to order the landlord to repair or correct the cause of the problem. In addition, section 99 of the Act, allows a contract-holder to apply for damages or for any injury caused by the problem.

Is housing a human right in the UK? ›

The importance of housing is recognised in the United Nations Covenant on Economic, Social and Cultural Rights, which includes 'the right of everyone to an adequate standard of living for himself and his family, including adequate ... housing'. The United Kingdom is legally bound by this treaty.

How often should a landlord replace a bathroom UK? ›

How often should a landlord replace a bathroom in the UK? It is recommended for landlords to update bathrooms after 20 years. However, they are responsible for repairs at any time. The expected lifespan is around 30 years.

Can a tenant refuse access to a landlord UK? ›

Accessing the property without the tenants' permission could be seen as harassment. If your tenant refuses all requests to access the property or being obstructive, they are likely in breach of their contract.

Can a UK landlord evict to renovate? ›

You cannot repossess a property to do repairs. However, if you're planning substantial works, or want to redevelop the property, you can apply to the courts for an order for your tenants to leave. The courts are more likely to grant this if you provide alternative accommodation.

What is it called when a house is not livable? ›

A house is uninhabitable if is missing basic things like a roof and heat. Buildings are considered uninhabitable when they are dangerous, with holes in the floor, or exposed electrical wires that pose a fire hazard.

What counts as habitable? ›

A residence that is fit for human occupation and is free of serious defects that might pose a risk to one's health and safety is considered habitable.

What does it mean for a house to be habitable? ›

Under the California Civil Code, landlords of a property must ensure that certain conditions are met which make the living space habitable and safe for potential lessees. These conditions include ensuring proper electric, gas, and plumbing utilities, as well as installing proper locks and security systems.

What makes a home unsafe to live in? ›

excessive dirt or filth in the home. improper building construction or poor maintenance of living quarters. buildup of animal or human waste. insect and/or vermin infestations.

What is the meaning of unfit house? ›

used to describe a house that is too dirty or dangerous for people to be allowed to live in it: Some parts of the city were unfit for human habitation. Inspectors declared that the building was unfit for human habitation. The damp and lack of sanitation made the dwellings unfit for human habitation.

What is the meaning of unfit home? ›

A: Any home that does not provide the basic necessities of protection, electricity, heat, water, or even sewer disposal is considered an unstable home for a child.

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