In 2019 the Homes Act came into effect. Under the new law, landlords must ensure their rental properties are ‘healthy and free from things that cause serious harm’. The law gives tenants the ability to sue their landlord if the property is not ‘fit for human habitation’. Landlords can be ordered to pay compensation, carry out repairs or correct health and safety issues.
Are Students Covered by the Homes Act?
The new law only applies to England.
The Homes Act covers the following tenancies:
Tenancies granted or renewed on or after 20 March 2019:
- Tenancies shorter than 7 years (tenancies longer than 7 years with a break clause are treated as less than 7 years)
- New secure tenancies
- New assured tenancies
- New introductory tenancies
- Tenancies renewed for a fixed term
From 20 March 2020, the Act applies to all periodic tenancies.
In the case of students, at this point, almost all are covered by the Homes Act
What is Covered by the Homes Act?
The Homes Act uses the Housing Health and Safety Rating System (HHSRS). HHSRS uses three sets of figures to generate a Hazard Score. For more information on how HHSRS is used please consult this document, provided by the UK Government.
| HHSRS hazards | |||
|---|---|---|---|
| Problem | Category | Commonly Found | Details |
| Damp and Mould Growth | Hygrothermal | Bathrooms, Under Sinks, Under/Behind Fridge | Threat to health from house dust mites, mould or fungal spores |
| Excess cold | Hygrothermal | Housewide | Sub-optimal indoor temperatures |
| Excess heat | Hygrothermal | Housewide | Excessive high indoor air temperatures |
| Asbestos and manufactured metal fibres | Pollutants (non-microbial) | Housewide | Presence of and exposure to asbestos fibres and manufactured mineral fibres within the property |
| Biocides | Pollutants (non-microbial) | Housewide | Chemicals used to treat timber and mould growth - not insecticides or rodenticides |
| Carbon Monoxide | Pollutants (non-microbial) | Rooms With Combustible Fuel appliances | Excessive levels of carbon Monoxide, nitrogen dioxide, sulphur dioxide and smoke |
| Lead | Pollutants (non-microbial) | Water Pipes, lead based paint | Threats to health from the ingestion of lead |
| Radiation (from rain gas, which is airborne or in water) | Pollutants (non-microbial) | Housewide | Threats from radon gas; Does not cover electromagnetic fields from power lines or phone masts |
| Uncombusted fuel gas | Pollutants (non-microbial) | Gas appliances | Threat of asphyxiation from escaping fuel gas |
| Volatile organic compounds (Chemicals which are gases at room temp) | Pollutants (non-microbial) | Kitchens | Covers a range of organic chemicals including Formaldehyde-based resins used to construct wood products e.g. cabinetry |
| Crowding and space | Psychological | Housewide | Covers lack of space within the dwelling |
| Entry by intruders (such as not having a lock on your front door) | Psychological | Housewide | Difficulties in keeping a dwelling secure |
| Lighting | Psychological | Housewide | Covers threats associated with inadequate natural or artificial light |
| Noise | Psychological | Housewide | Includes threats to physical and mental health due to exposure to Noise |
| Domestic hygiene, pests and refuse (including inadequate provision for disposal of wastewater and household waste) | Protection against Infection | Housewide | Poor design or layout meaning property cannot be readily kept clean, Construction allows pests access or unhygienic facilities for disposing household waste |
| Food Safety | Protection against Infection | Kitchen | Insufficient facilities to store, prepare or cook food |
| Personal Hygiene, sanitation and drainage | Protection against Infection | Bathrooms, Kitchen / Laundry room | Detriments to health associated with personal hygiene; Including personal and clothe washing facilities, sanitation and drainage |
| Water supply | Protection against infection | Bathrooms or Kitchen | Quality and adequacy of the supply of water (drinking and Domestic purposes); Includes threats from chemical and microbiological pollutants |
| Falls associated with bath or shower | Protection against accidents | Bathrooms | Covers any fall associated with a bath or shower |
| Falls associated with stairs or steps | Protection against accidents | Hallways | Covers any falls associated with steps, stairs and ramps (where the change in level is greater than 300mm) |
| Falls on level surfaces | Protection against accidents | Housewide | Covers falls on any flat surface (where the change in level is less than 300mm) |
| Falls between levels (danger of falling from one level to another, e.g. falls out of windows) | Protection against accidents | Housewide | Covers any falls from one level to another (where the difference in level is more than 300mm) |
| Electrical hazards | Protection against accidents | Housewide | Covers shocks and burns from electricity, including Lightning strikes |
| Fire and fire safety | Protection against accidents | Housewide | Threats from exposure to uncontrolled fire and associated smoke, Defects to the electrical supply, meters, fuses, wiring, sockets or switches |
| Hot surfaces and materials | Protection against accidents | Kitchen | Burns caused by contact with a hot flame or fire and contact with hot objects or non-water-based liquids, and scald injuries from hot liquids and vapours |
| Collision and entrapment | Protection against accidents | Housewide | Risk of physical injury from trapping body parts in building features and from colliding with objects such as windows, doors, low ceilings, low door frames |
| Explosions | Protection against accidents | Housewide | Covers the threat from the blast of an explosion, from debris generated by the blast and collapse (partial or total) of the building as a result of the explosion |
| Ergonomics | Protection against accidents | Housewide | Threats of physical strain deriving from poor location of fittings and amenities |
| Structural collapse and falling elements | Protection against accidents | Housewide | Covers threat of the whole or part of the property collapsing, part of the the fabric being displaced or falling due to inadequate fixing, disrepair or as the result of adverse weather conditions |
When are Landlords Not Liable?
The Homes Act sets out five instances when a landlord is not liable. These are listed below:
- The tenant’s actions caused the property to become unfit
- The problem arises due to the tenant’s possessions
- The property is damaged by ‘acts of God’. For example, flooding, fires or storms
- The landlord is not able to gain consent. For example, planning permission or permission from freeholders. Evidence of reasonable effort must be provided
- The tenant is not an individual. For example, local authorities, national parks, housing associations or educational institutions
Right to Reasonable Access
In an emergency, a landlord is allowed to enter the property.
In normal circumstances, the standard notice period applies. This means minimum 24 hours’ notice and the visit should occur within ‘reasonable’ hours.
If a landlord does not adhere to the standard notice period, they cannot say they have made reasonable efforts to make the property fit.
Keep a detailed history of all interactions as it will protect you and ensure the correct verdict is reached.
How to Determine if Your Home is Unfit for Habitation
If one or more of the above items is present in your rental, it does not necessarily mean it is unfit for habitation.
The property is unfit if one or more of the items above is present and it is so defective that it is not reasonably suitable for occupation. The items must be considered a category 1 (extreme) or 2 (severe) under the HHSRS.
If you are unsure if your home is fit for habitation, formal inspections and HHSRS reports are available. Contact your local council for more information. You may have to pay for these inspections.
How Hazards are Assessed in Your House
Inspections are often carried out by environmental health (a department of your local council) and are also provided by private companies.
They consider the chance of harm, how serious it would be and any extra risk to children or older people. They then rate the hazards as category 1 or category 2.
The council must act on category 1 harms and they have more discretion on category 2.
The Outcome of the Assessment
Generally, informal methods are preferred. However, if a landlord does not comply the council has the power to take formal action.
The council must serve a formal notice, give reasons for their decision to take action and send the tenant(s) a copy of the notice and reasons.
How Do I Take a Landlord to Court Under the Homes Act?
Tenants can only take their landlord to court if none of the mitigating circumstances above are met and the landlord has failed to act on correcting the issues within a ‘reasonable’ time.
- Write (email or letter) to your landlord a second time requesting they resolve the problem. If you have a letting agent, send it to them too.
- In the email or letter, clearly state what needs correcting, when it was originally reported and if it was reported multiple times (state how many times it was reported, provide precise dates where possible).
- Detail any problems that have arisen as a result of the defect. For example, physical condition or mental health worsening.
- Retain copies of all correspondence to; demonstrate to the court the efforts you made before going to court.
- For small claims (£10,000 or less) you must fill in form N1. Most claims are small claims. For larger claims see here.
- Provide as much detail as possible when making your claim.
- If you are unsure of what is required. Contact your local council’s environmental health department and they will assist you.
- Collect evidence before attending court. Examples include:
- Communications between tenants, landlord and letting agent
- Photographic evidence of the issues
- Doctor’s visits and notes detailing issues of mental or physical health problems that have arisen or worsened
- Receipts of any items you have had to purchase or replace as a result of your home being unfit for habitation
- A copy of your tenancy agreement, or proof you are paying rent. Ensure your rent Is up to date and do not hold back rental payments as a threat or 'compensation' as this will support the landlord's case for inaction
- Any reports you have obtained from experts (including receipts for payments)
- Submit your evidence with your form and retain copies everything you submit.
- The forms asks if you are open to arbitration before going to court to save time and cost, It Is recommended to always agree to this as It demonstrates to the Court you are willing to settle the matter amicably without wasting Court time.
- Send 3 copies to your local county court (retain proof of postage) and pay the court fees. This fee will be reimbursed if you win your case. Contact Citizens Advice, your local council or a tenants’ rights group if you are unsure what to pay.
- Provided all your application was completed correctly and thoroughly, the Court will send you the date for your hearing and send copies to your landlord and/or letting agent.
The Court Hearing
You will have to attend the hearing and answer any questions that the Court may have. You are allowed to take another person for support. It is useful for the other person to take notes for later use.
The judge’s decision will be based on the evidence submitted by you and your landlord together with responses to the questions asked at the hearing. If the property is deemed unfit, the landlord will be ordered to improve the condition and may be ordered to pay compensation. The amount is unlimited but the sum is decided by the judge, taking into account the problems caused by the landlord’s inaction.
The court may also order the landlord to pay some or all of your legal costs.
If you are unsuccessful, you may be asked to cover the landlord's legal costs. You can then contact your local council to see if they can help with problems in your home.
Retaliatory Evictions
A retaliatory eviction is when a landlord evicts a tenant based on the tenant complaining about a problem or acting against the landlord.
Retaliatory evictions use Section 21, a no-fault eviction.
Section 21 evictions are very rarely applicable to students as most student accommodation Is on a fixed term (typically 12 months or less). Section 21 cannot be used as a remedy whilst the tenant is in their fixed term.
Should your landlord try to evict you as a consequence of taking them to court, contact your local council as soon as possible and explain the situation.
Generally, where the council decides to take enforcement action against a landlord to carry out repairs or works, it is harder for a landlord to evict their tenants.
Final Thoughts on the Homes Act
The Homes Act provides a legal basis for tenants without penalising good landlords. Students will only need to take their landlord to court if the landlord fails to meet their obligations, therefore, compensation is justified. Landlords are provided with plenty of opportunities to resolve issues before court proceedings take place.
Students should only use the courts as a last resort; court proceedings are stressful and not guaranteed. However, this piece of legislation is welcomed as good landlords will not be affected and those who look to exploit are held accountable.
What are your thoughts on the Homes Act? Have you used it? Let us know in the comments below!
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