Industry News


Property standards law extended across all rented sectors


millions of existing private and social housing tenancies last month. When the Homes (Fitness for Human


A


Habitation) Act 2018 was first passed 16 months ago, it was hailed as a significant piece of legislation that would lead to a ‘step change’ in housing standards, guaranteeing better homes for millions of renters. From 20 March it has applied to the vast majority of tenancies throughout England. The Act was specifically designed to counter


dangerous or unhealthy conditions in rented properties, such as damp and mould, broken boilers, poor ventilation, faulty electrics or missing floorboards. The law should help tenants by making sure irresponsible landlords improve their properties or leave the business. The Homes Act (as it is known) allows tenants to


bypass council enforcement teams, some of which have poor records of taking action against rogue landlords. It also gives council tenants an avenue for redress, as local authorities cannot bring cases against themselves. In short, if rented houses and flats are not ‘fit for


human habitation’, the affected tenants can take their landlords to court. The courts can make landlords carry out repairs or put right health and safety problems. They can also force landlords to pay compensation to their tenants. It is not known exactly how many properties


currently fall within the ‘unfit for habitation’ definition, but it could easily run into the hundreds of thousands of homes. The best guide to ‘unfitness’ we have is the


Housing Health and Safety Rating System (known as HHSRS). This is a risk-based assessment that identifies hazards in dwellings and evaluates their potential effects on the health and safety of occupants and their visitors, particularly vulnerable people. The most serious hazards are called Category 1


hazards and where these exist in a home, it fails to meet the statutory minimum standard for housing in England. The Homes Act specifies 29 HHSRS hazards where action needs to be taken by landlords.


MILLIONS OF HAZARDS In 2018, there were 24.2 million homes in England and 11 per cent of them (equivalent to 2.6 million residential properties) had a HHSRS Category 1 hazard. This figure includes owner-occupied properties. It is actually a vast improvement on ten years earlier when 23 per cent of houses and flats had a Category 1 hazard. Fourteen per cent of privately rented homes are estimated to have a Category 1 hazard and five per


key piece of legislation designed to ensure all rented properties are let in a safe and habitable condition was rolled out to


Anyone who is still in the fixed term part of a


private tenancy that began before 20 March 2019 cannot use the Act until the end of that fixed term.


STANDARDS TO BE TESTED In the past 12 months there have been very few prosecutions brought under the Act. There could be a number of factors at work here – new tenants are less likely to complain, there are a lot more newer properties in the private rented sector and landlords have been working to improve their rentals. But generally speaking it is too early to make any large claims about its impact due to a lack of case law. That could and probably will change over the


next year or two, so landlords would be wrong to let their guard down and think the Homes Act will not have any impact on them. This will only be true if their keep their properties in good order and respond reasonably quickly to reports of disrepair or poor conditions. However, reports of noise nuisance from


neighbours or concerns about fire safety will have to be taken more seriously and acted upon than they possibly have in the past, if landlords are truly to rest comfortably. But it is not all one-sided. Even if a tenant’s


cent of social rentals. According to the latest English Housing Survey, the most common causes of Category 1 hazards are to do with damp, followed by condensation and mould, penetrating damp and then rising damp. Some seven per cent of private rented dwellings


had some type of damp problem, compared with five per cent of social rented dwellings and just two per cent of owner occupied dwellings. As privately rented dwellings are, on average older, they are more likely to have defects to the damp proof course, roof covering, gutters, or down pipes, leading to problems with rising or penetrating damp affecting at least one room in the property. The HHSRS is different to the Decent Homes


Standard, which is more about comfort levels and the age or existence of certain amenities or property facilities, such as double-glazing, insulation levels and central heating, as well as the age of kitchen and bathroom fittings. Initially the Homes Act only applied to new


tenants from 20 March 2019. But since 20 March this year, everyone who has a secure or assured tenancy, or a statutory tenancy, or a private periodic tenancy, can use the Homes Act regardless of when their tenancy began. This is the case irrespective of whether they rent from a council, housing association or a private landlord.


18 | HMM April/May 2020 | www.housingmmonline.co.uk


complaint about a specific problem is proven, the tenant will still need to satisfy the court that this makes the property unfit for human habitation. Due to the lack of cases to date, we do not know how high a bar will be set by the courts. In addition there is no expectation on landlords


to correct a problem that was caused by the tenant’s own actions or behaviour. Landlords can also claim that repair works are not possible because they need the consent of a third party, such as getting permission from the freeholder or obtaining planning permission. At the time of its passage in late 2018 Brexit was


dominating most news headlines, so the Act cleared its final stages almost un-noticed in the media. Karen Buck the MP for Westminster North had pushed her Private Member’s Bill through after several unsuccessful efforts, eventually winning cross party and Government support. During the Commons debate, Ms Buck said:


“Living in a cold, damp or unsafe home is hell. It damages people’s physical and mental wellbeing. It erodes the income of the poorest households. It impacts on children’s education. The most vulnerable tenants are most at risk of being trapped in substandard accommodation.” Initially private landlords were not supportive,


but eventually groups like the Residential Landlords Association were won over. The RLA said it particularly welcomed the fact it places all tenants on an equal footing, while at the same time giving tenants greater opportunities to tackle rogue landlords.


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