Improving Housing Conditions in the Private and Social Rented Sectors: The Homes (Fit for Human Habitation) Act 2018 ‐ Fit for Habitation but Fit for Purpose?

Bevan, Chris

Abstract

The Homes (Fit for Human Habitation) Act 2018 became law in December 2018 and entered into force on 20 March 2019. This article examines the key provisions of this significant piece of housing legislation which has the potential to transform the lives of those renting homes in both the private and social sectors in England. The 2018 Act, through amendment to the Landlord and Tenant Act 1985, introduces a new obligation on landlords to ensure their residential properties are fit for human habitation and, for the first time in this jurisdiction, endows tenants with new civil rights to directly enforce this implied covenant against failing landlords. This article identifies the key deficiencies within the current legal framework around fitness for human habitation and explores how far the 2018 Act meets these challenges; set against the febrile backdrop of an acute housing crisis and the Grenfell Tower tragedy.

Citation

Bevan, C. (2019). Improving Housing Conditions in the Private and Social Rented Sectors: The Homes (Fit for Human Habitation) Act 2018 ‐ Fit for Habitation but Fit for Purpose?. Modern Law Review, 82(5), 897-921. https://doi.org/10.1111/1468-2230.12439

• Journal Article Type: Article
• Acceptance Date: May 1, 2019
• Online Publication Date: May 31, 2019
• Publication Date: Sep 30, 2019
• Deposit Date: Oct 10, 2019
• Publicly Available Date: May 31, 2020
• Journal: Modern Law Review
• Print ISSN: 0026-7961
• Electronic ISSN: 1468-2230
• Publisher: Wiley
• Peer Reviewed: Peer Reviewed
• Volume: 82
• Issue: 5
• Pages: 897-921
• DOI: https://doi.org/10.1111/1468-2230.12439
• Public URL: https://durham-repository.worktribe.com/output/1288563