The 2018 Act lets tenants in England sue their landlord directly if their home is unfit to live in. Plain English summary, with the 29 hazards explained.
On this page
In short
The Homes (Fitness for Human Habitation) Act 2018 added to an older law, the Landlord and Tenant Act 1985. It makes almost every landlord in England keep your home fit to live in. That holds at move-in. It holds the whole time you rent. A home unfit to live in lets you take the landlord to court yourself. In Wales, the same right comes from the Renting Homes (Wales) Act 2016.
Key facts
- About 15% of homes in England, around 4.0 million, did not meet the Decent Homes Standard in 2024 to 2025. In privately rented homes the figure was 22%. English Housing Survey 2024-25, GOV.UK
- The same survey found about 9% of homes in England, around 2.3 million, had a category 1 (most serious) hazard under the HHSRS. In privately rented homes the figure was 10%. English Housing Survey 2024-25, GOV.UK
What "fit for human habitation" means
A home fails the test where one of the 29 hazards in the HHSRS rating system runs bad enough to harm the people living there. The 29 include:
- Damp and mould growth
- Excess cold
- Excess heat
- Asbestos and lead exposure
- Carbon monoxide and other fuel fumes
- Crowding and lack of space
- Falls on stairs and falls between levels
- Electrical and fire hazards
- Personal hygiene, sanitation, and drainage problems
- Domestic hygiene, pests, and refuse
The Act also covers the building itself: its stability, condensation, air flow, water supply, drainage, lighting, and a safe way out in a fire.
Who it covers
The Act covers almost every tenancy in England started on or after 20 March 2019. Rolling tenancies renewed on or after 20 March 2020 count too. That takes in nearly all council, housing association, and private rented homes. Long leases, over seven years, sit outside.
In Wales, the Renting Homes (Wales) Act 2016 gives the same kind of fitness duty, with similar hazards. It adds one point worth knowing: working smoke alarms and carbon monoxide detectors are required.
What it changes for tenants
Before 2019, tenants in England could not sue just because the home was unfit. They waited for the council's environmental health team to step in. The Act ended that. Any tenant can now take the landlord to court directly. The problem just has to be reported first. A fair chance to fix it must follow.
It sits beside Section 11 of the Landlord and Tenant Act 1985; read our Section 11 guide. For social housing, Awaab's Law joins them. The three overlap. Most disrepair claims lean on more than one.
For a free check, call Support for Tenants on 0800 030 4669, or read how much compensation could I get.
Free alternative: Citizens Advice and your local council's environmental health team can both act on fitness complaints at no cost, and Shelter publishes a free guide to the Act.
Sources
- Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)
- Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
- Renting Homes (Wales) Act 2016 (legislation.gov.uk)
We review every guide at least twice a year and update it when the law changes. If you spot something out of date or wrong, email help@supportfortenants.co.uk.
Reviewed against current housing law for England and Wales as at 17 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only, not a promise; every case is different.
Related guides
Can I sue my landlord for mould?
Yes. If your landlord ignores damp and mould, you can claim. Here is the law and how it works.
Read
How to report damp to your landlord (and make it stick)
The exact steps to report damp in writing, what evidence to keep, and what your landlord must do under Awaab's Law. 5-minute read.
Read
Is condensation the landlord's fault or mine?
Often the landlord's. If condensation comes from poor ventilation, cold walls, or a building fault, it is their job to fix. Here is how to tell.
Read
Still stuck?
Call us free or start a claim online. We'll tell you honestly whether you have a case worth pursuing.