Homes (Fitness for Human Habitation) Act 2018 — What Landlords Must Know

What the Fitness for Human Habitation Act Actually Does

The Homes (Fitness for Human Habitation) Act 2018 inserted Section 9A into the Landlord and Tenant Act 1985. It implies a covenant into every qualifying tenancy that the property is fit for human habitation at the start and remains fit throughout.

This is separate from your Section 11 repair duties. Section 11 covers structure, exterior, and installations — heating, water, sanitation. Section 9A goes further: the property must be reasonably suitable for someone to live in, full stop.

The fitness standard covers repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for cooking and preparing food, and the presence of any Category 1 HHSRS hazard. A failure on any of these criteria can make a property legally unfit.

Who It Applies To

Section 9A covers most private tenancies in England where the annual rent falls below £100,000. That captures the vast majority of private lettings. It applies to assured shorthold tenancies, assured tenancies, and the new periodic tenancies created by the Renters' Rights Act 2025.

The implied covenant cannot be excluded or waived by contract. Even if your tenancy agreement says "the tenant accepts the property in its current condition," the fitness covenant still applies.

How Tenants Enforce It

Here is the part that catches landlords off guard: tenants enforce Section 9A through the county court, not through the local authority. A tenant does not need to report you to the council first. They can instruct a solicitor (or represent themselves) and apply directly to court for an order requiring repairs, plus damages for the period the property was unfit.

Through the county court, a tenant can seek an order requiring repairs and may claim damages for loss caused by a breach. The remedy and amount depend on the evidence and circumstances of the case.

The tenant does need to give you notice of the defect — you are not liable for problems you did not know about. But "notice" includes anything that should have put you on alert: a repair request by text, a verbal mention during an inspection, visible damp or mould during a routine visit. You cannot avoid Section 9A by avoiding your own property.

Damp, Mould, and the Fitness Standard

Damp and mould are the most common trigger for fitness claims. Persistent condensation damp linked to inadequate mechanical ventilation may be evidence that a property is unfit, even if a tenant's lifestyle contributed. Courts look at whether the building itself can cope with normal domestic moisture (cooking, bathing, drying clothes) without developing mould.

A property with no trickle vents, no extractor fans, and single-glazed windows in a kitchen will struggle to pass the fitness test regardless of how often a tenant opens windows. The statutory test concerns the property's condition and suitability; tenant behaviour may be relevant evidence, but it does not resolve defects in the building's systems.

How This Connects to HHSRS

A Category 1 hazard under the Housing Health and Safety Rating System can be relevant evidence in a Section 9A claim, but unfitness depends on whether the defect makes the home not reasonably suitable for occupation. So if a council inspection reveals a Category 1 damp and mould hazard, that may also support a tenant's county court claim.

The two enforcement routes run in parallel. You can face a council civil penalty of up to £7,000 for the Category 1 hazard under HHSRS and a separate county court damages award under Section 9A for the same defect.

What to Do About It

The practical response is the same whether you are worried about HHSRS enforcement or a Section 9A claim: keep the property fit and keep records that prove it.

Check ventilation (kitchen extract fans pulling at least 60 litres per second, bathroom fans at 15 L/s, trickle vents on every window). Check heating reaches 21°C in living rooms and 18°C in bedrooms. Check that damp-proof courses, sub-floor ventilation, and roof drainage are intact. Document every inspection with dated photographs.

When a tenant reports a defect, acknowledge it in writing, investigate promptly, and keep a log of what you find and what you do about it. That paper trail is your evidence if a claim reaches court.

Our Decent Homes & Awaab's Law compliance guide includes the full diagnostic workflow — from initial triage through contractor handoff to the evidence file you need if the council or a court comes calling.

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