My home is unfit to live in. What are my rights?

Direct answer

If your home is unfit to live in, your landlord is breaking the law. The Homes (Fitness for Human Habitation) Act 2018 requires all landlords in England to make sure your home is fit throughout your tenancy. You can take action to force repairs and claim compensation. Call us free on 0800 030 4669 to find out where you stand.

What "unfit for human habitation" means in law

The Homes (Fitness for Human Habitation) Act 2018 (sometimes called the FFHH Act) sets out 10 factors that can make a home unfit. A judge looks at all of them together when deciding whether a home falls below the standard:

1. Repair (the state of the building).
2. Stability (is the structure sound).
3. Freedom from damp.
4. Natural lighting.
5. Ventilation.
6. Water supply.
7. Drainage and sanitary facilities.
8. Facilities for preparing and cooking food.
9. Disposal of wastewater.
10. Freedom from hazards that are likely to affect the health or safety of an occupier.

A home does not have to fail all 10. One serious failure can be enough.

What "unfit" looks like in practice

These are the kinds of conditions that may make a home unfit:

• A ceiling that has partially collapsed or is at serious risk of doing so.
• No heating during winter, with temperatures inside falling to levels that damage health.
• Sewage backing up into the bathroom or kitchen.
• Mould so severe that it makes a room unusable or is causing respiratory problems.
• A rat or cockroach infestation that the landlord has not dealt with, making rooms unsafe to use.
• No hot water for weeks at a time.

Problems like these are not just uncomfortable. They can cause lasting harm to your health, and the law treats them seriously.

Who owes you the duty

Every landlord owes this duty, whether they are a private landlord, a council, or a housing association. The duty applies from the start of the tenancy and continues throughout it. If the home became unfit after you moved in because of something the landlord failed to repair, they are still responsible.

See Fitness for Human Habitation Act: what it means for tenants for a full explanation of the Act.

Three routes you can take

You do not have to choose just one of these. They can often be used at the same time.

Route 1: Civil disrepair claim

You can bring a civil claim under the FFHH Act and Section 11 of the Landlord and Tenant Act 1985. This goes to a civil court and can result in your landlord being ordered to carry out repairs and pay you compensation for the harm the conditions have caused. This is the route that a housing-disrepair solicitor handles for you.

Route 2: Council environmental health inspection

You can ask your local council's environmental health team to inspect your home under the Housing Health and Safety Rating System (HHSRS). Inspectors score hazards: a Category 1 hazard is one the council must act on. If they find a Category 1 hazard, the council can issue a notice requiring your landlord to carry out works. This is free and does not require a solicitor.

See Housing Act 2004 and HHSRS: a guide for tenants for more on how this works.

Route 3: Section 82 of the Environmental Protection Act 1990

If the conditions amount to a statutory nuisance (for example, a serious damp or infestation problem that affects health), you can take your landlord to the magistrates' court yourself under Section 82 of the Environmental Protection Act 1990. The court can order the nuisance to be stopped and fine your landlord. A solicitor is not required, though it helps. See what is an EPA Section 82 claim.

Do you have to move out?

No. You do not have to leave your home. You are entitled to stay while your claim is dealt with.

The only exception is if a council or court issues a prohibition order, which would prevent the property from being used. If that happens, your landlord is responsible for finding you suitable alternative accommodation. You should not be left with nowhere to go.

What you can claim

If your home is or has been unfit, you may be able to claim:

• An order requiring your landlord to carry out the repairs.
• Compensation for the harm the conditions have caused to your health and wellbeing.
• Compensation for damage to your belongings.
• The cost of alternative accommodation if you had to stay elsewhere because of the conditions.

The amount depends on how serious the conditions were, how long they lasted, and how they affected you and your household.

Time limits

You generally have 6 years from the date the home became unfit to bring a civil claim. Do not wait. The earlier you act, the easier it is to gather evidence and build your case.

Get help now

If your home is unfit to live in and your landlord is not acting, call us free on 0800 030 4669. We can tell you which route is right for your situation.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you do not win, you pay nothing.

Free call: 0800 030 4669 | Start your claim

Sources

• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Housing Act 2004, Part 1, HHSRS (legislation.gov.uk)
• Environmental Protection Act 1990 (legislation.gov.uk)