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.
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Direct Answer
The Homes (Fitness for Human Habitation) Act 2018 changed the Landlord and Tenant Act 1985. Now almost every landlord in England must make sure your home is fit to live in. This applies at the start of your tenancy and all the way through it. If your home is unfit, you can take your landlord to court yourself. In Wales, the same protection 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 is unfit if one or more of the 29 hazards in the Housing Health and Safety Rating System (HHSRS) is bad enough to harm the health or safety of the people living there. The 29 hazards 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 structural things: stability, condensation, ventilation, water supply, drainage, lighting, and a safe way out in a fire.
Who it covers
The Act applies in England to almost every tenancy granted on or after 20 March 2019. It also covers periodic tenancies that renewed on or after 20 March 2020. That brings in nearly all council, housing association, and private rented homes. Long leases (over seven years) are left out.
In Wales, the Renting Homes (Wales) Act 2016 gives a matching "fitness for human habitation" duty. The 29 hazards are similar. It adds one important point: working smoke alarms and carbon monoxide detectors are required.
What it changes for tenants
Before 2019, tenants in England could not take their landlord to court just because the home was unfit. They had to wait for the council's environmental health team to act. The Act ended that. Now any tenant can bring a claim directly, once the landlord has been told about the hazard and given a reasonable time to act.
This sits alongside Section 11 of the Landlord and Tenant Act 1985 (read our Section 11 guide) and, for social housing, Awaab's Law. The three laws overlap. Most disrepair claims rely on more than one.
For a free eligibility 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 and not guaranteed; every case is different.
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