By James Melvin-Bath, Solicitor at Tayntons

Landlords have always been at risk from disrepair claims from tenants whose property is in such a poor condition as to not be habitable.

However, the issues with the property must have been substantial and usually tenants needed the involvement of the local authority to compel their landlord to make improvements.

This has all changed with an update to the Landlord and Tenant Act 1985. The Homes (Fitness for Human Habitation) Act 2018 will give tenants that ability to sue their landlord if the property is not put in and maintained to an appropriate standard after March 20, 2019.

Tenants will now be able to easily commence claims against their landlords if the property is unfit. Landlords must be aware that as part of the Act the definition of 'unfit for habitation' has been clarified.

Landlords must therefore ensure their properties are of an appropriate standard taking into account the factors in the Act:

• repair

• stability

• freedom from damp

• internal arrangement

• natural lighting

• ventilation

• water supply

• drainage and sanitary conveniences

• facilities for preparation and cooking of food and for the disposal of waste water

• in relation to a dwelling in England, any prescribed hazard

The house or dwelling shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

Additionally, landlords must ensure that their properties are of the appropriate ventilation and free from potential toxic hazards, such as lead, mold, damp, carbon monoxide, foul water, and noxious smells.

Instead of complaining to the local authority first, tenants can now (without notice) proceed straight to a claim against their landlord.

If the tenants are successful in their claim the landlord could be subject to a costly order for damages and that they undertake appropriate improvement works.

Having dealt with extensive contentious landlord and tenant disputes, I offer a fixed fee consultation on any concerns that landlords may have over the new legislation.

Call 01452 223139 or email james.melvin-bath@tayntons.co.uk for more information.