Camberwell Landlords: Homes Fit For Human Habitation?
20th March 2019 posted in Landlords
If you are a landlord, it is vital that you remain up to date with regulations affecting your industry. At Hunters Camberwell, we are pleased to support local landlords, and we know many professionals struggle to remain in touch with legislation and guidance.
It is vital Camberwell landlords are aware of the Homes (Fitness for Human Habitation) Act. This Act comes into force on the 20th of March 2019. Landlords are required to offer rental accommodation that is fit for humans.
The Homes (Fitness For Human Habitation) Act applies to:
· Tenancies that are shorter than seven years and which are granted on or after the 20th of March
· New secure, introductory and assured tenancies which begin on or after the 20th of March
· Fixed-term tenancies which renew on or after the 20th of March
Also, from the 20th of March 2020, all periodic rentals will be governed by the Act.
There are cases where the landlord isn’t responsible for the property’s condition
The landlord will not always be held accountable for the state of the rental accommodation. If the tenant or their possessions have caused damage, the responsibility falls on the tenant, not the landlord. If consent needs to be obtained to improve the standard of accommodation, the landlord isn’t responsible for the property’s condition if this consent isn't secured. If an “Act of God” results in the property not being fit for human habitation, the landlord will not be responsible.
The Homes (Fitness For Human Habitation) Act applies to the residential dwelling and common areas in the building.
With tenants being able to take complaints directly to court, as opposed to their local council, it is possible to resolve matters sooner. There is also a greater scope for landlords to be penalised. The information contained in Section 10 of the Tenant Act 1985 is used to determine whether the home is habitable or not is made on information contained in Section 10 of the Tenant Act 1985.
Landlords must be aware of potential problems
Landlords should be aware of potential problems that may lead to the rental accommodation not being habitable for tenants. Issues relating to hot and cold water, issues relating to cooking food or washing up and matters relating to poor ventilation can make a rental property uninhabitable. Landlords also need to be aware of problems relating to dampness or where the building is unstable.
When the property has been deemed to be unstable, the court can order a landlord to carry out improvements at the residential property. Landlords may also have to offer compensation to their tenants. The compensation amount will depend on:
· How the tenant has been affected
· How long the problem has existed
· The condition of the rental dwelling
If you are a landlord in Camberwell and you need assistance in this matter, please get in touch. We know how challenging the role of a landlord is, but we are here to assist you, so please contact us.