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What is Fitness for human habitation?
Last verified 31 October 2026
Fitness for human habitation is a legal duty, implied into tenancies in England, to keep a home, including its common parts, fit to live in at the start of the tenancy and throughout it. It comes from the Homes (Fitness for Human Habitation) Act 2018, which came into force on 20 March 2019.
Why it matters to landlords
The government guidance says the Act creates no new standards. It lets tenants enforce existing property and safety duties by suing for breach of contract. A court can order the landlord to carry out work, award damages, or both, and there is no set cap on compensation. The court decides fitness by looking at matters such as serious damp, instability, poor light or ventilation, water supply, drainage, and the 29 hazards in the HHSRS regulations. You do not need an HHSRS assessment for the duty to apply.
You become responsible once you know about a hazard, and you get a reasonable time to deal with it, but a tenant can go to court if you are not actively working on it. Problems in the common parts of flats or an HMO make you liable straight away. There are exceptions: tenant behaviour, events beyond your control such as storms and floods, and consents you cannot obtain despite reasonable efforts. Give at least 24 hours' written notice for repair visits, and keep a record of every attempt to arrange access.
Example
Dev lets a flat in Leicester. In January 2027 his tenant reports black mould spreading from a leaking roof gutter. Dev books a roofer for the following week, gives 24 hours' written notice, and logs each message. When the tenant later claims, he can show he acted promptly once told.
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Related terms
- Housing Health and Safety Rating System (HHSRS)
- Damp and mould
- Awaab's Law
- Disrepair claim
- Section 11 repairs