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The Act came into force on 20 March 2019 and it is designed to ensure that all rented accommodation is fit for human habitation and to strengthen tenants’ means of redress against the minority of landlords who do not fulfil their legal obligations to keep their properties safe.
There is nothing new under this latest legislation and landlords remain responsible for ensuring properties they rent out meet required health and safety standards
Amendments were made to the Landlord and Tenant Act 1985 which requires all landlords to ensure their properties, including any common parts of the building, are fit for human habitation both at the commencement and during the tenancy.
A landlord, or their agent, will need to make sure that the property is free of hazards which are so serious that the house is not reasonably suitable for occupation in that condition. Where a landlord fails to act to remedy any such issue then the tenant has the right to take the landlord to court for breach of contract on the grounds that the property is unfit for human habitation.
The consequences are that a court order could be issued requiring the landlord to act to reduce or remove the hazard and/or to compensate the tenant for having to live in a property that was not fit for human habitation. The new Act applies to the following:
There are some exceptions:
· Problem caused by tenant behaviour
· Problem caused by events such as fires, storms, floods which are outside the landlord’s control
· Problem caused by the tenants’ own possessions
· The landlord cannot obtain permission to get the works completed
· The tenant is not an individual
The courts will decide whether a property is fit for human habitation by considering the matters set out in section 10 of the Landlord and Tenant Act 1985. These are whether:
1. Damp and Mould Growth 2. Excess cold 3. Excess heat 4. Asbestos and manufactured mineral fibres 5. Biocides 6. Carbon Monoxide 7. Lead 8. Radiation 9. Uncombusted fuel gas 10. Volatile organic Compounds 11. Crowding and space 12. Entry by intruders 13. Lighting 14. Noise
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15. Domestic hygiene, pests and refuse 16. Food Safety 17. Personal hygiene, sanitation and drainage 18. Water supply 19. Falls associated with baths 20. Falls on the level 21. Falls associated with stairs and steps 22. Falls between levels 23. Electrical hazards 24. Fire 25. Hot surfaces 26. Collision and entrapment 27. Explosions 28. Ergonomics 29. Structural collapse and failing elements |
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