The Homes (Fitness for Human Habitation) Act 2018 - What It Means for You
Your home must be fit to live in throughout your tenancy. This law says so.
In 2018, a new law came into force that strengthened tenants' rights significantly. The Homes (Fitness for Human Habitation) Act 2018 says that your home must be fit to live in — not just at the start of your tenancy, but throughout it. This guide explains what that means in practice and how it can help you.
What Is the Homes (Fitness for Human Habitation) Act 2018?
The Homes (Fitness for Human Habitation) Act 2018 gives tenants in England the right to take their landlord to court if their home is not fit for human habitation. Before this law, tenants had limited ways to challenge this directly — the 2018 Act changed that.
It applies to all social tenancies (council and housing association) granted on or after 20 March 2019, and to all periodic tenancies (rolling tenancies) from 20 March 2020.
What Does 'Fit for Human Habitation' Mean?
A home is considered unfit for human habitation if it is so defective in one or more of the following areas that it is not reasonably suitable to live in:
| Hazard or defect | What this can include |
|---|---|
| Damp and mould | Persistent damp, black mould, condensation caused by the structure |
| Structural stability | Unsafe walls, ceilings, floors, roof, foundations |
| Serious disrepair | Decay or damage that makes the property unsafe |
| Heating and ventilation | No adequate heating or ventilation system |
| Natural light and ventilation | Rooms with no natural light or no means of ventilation |
| Water supply | No adequate supply of drinking water or hot water |
| Drainage | Inadequate drainage or sanitation |
| Facilities for food preparation | No reasonable facilities to store and prepare food |
| Pests | Evidence of rats, mice, or insects linked to the property's condition |
Key point
This list is not exhaustive — other hazards can also make a property unfit. The test is whether the overall condition makes the home unsuitable to live in.
Importantly, a property can be unfit even without obvious physical damage. If serious damp is affecting your health, for example, the home may be legally unfit under this Act.
How Is This Different from the Landlord and Tenant Act 1985?
The Landlord and Tenant Act 1985 (Section 11) requires your landlord to repair specific parts of the property — the structure, heating, plumbing, and so on. The Homes Act goes further.
Under the Homes Act, your landlord must ensure the whole home is fit to live in. This means:
- They cannot simply make a repair and leave a hazard in place
- A property can be in a state of disrepair that is technically "fixed" but still unfit — and the landlord remains in breach of this law
- Health impacts are explicitly part of the test — if conditions are making you ill, this is directly relevant
Both laws work together. For more on the Landlord and Tenant Act 1985, see: /resources/landlord-tenant-act-1985.
Mould and Damp — Why This Law Matters
Damp and mould are among the most common problems faced by council and housing association tenants — they are also where this law is most powerful.
Under the Homes Act, if serious damp or mould in your home:
- Is caused by the structure of the property (not by lifestyle factors)
- Has been reported to your landlord and not properly fixed
- Is affecting your health or making the home unsafe
...then your home may be legally unfit for human habitation, and your landlord is in breach of this Act.
Note on lifestyle vs structural mould
Landlords sometimes argue that mould is caused by the tenant's lifestyle — not opening windows, drying clothes indoors, and so on. This is sometimes true, but often it is not.
If the damp is coming from a structural source — poor insulation, a leaking roof, inadequate ventilation built into the property — it is the landlord's responsibility under both the Homes Act and the Landlord and Tenant Act 1985.
If you are unsure which applies to your situation, report the problem in writing and let a solicitor assess it.
Awaab's Law (from October 2025) reinforces this point for social housing tenants: landlords must not assume damp and mould are simply down to how you live. See Awaab's Law — What It Means for Council and Housing Association Tenants.
What Can I Do If My Home Is Not Fit for Habitation?
The Homes Act gives you the right to take court action against your landlord directly. In practice, most cases are resolved without going to court — but this legal backing means your landlord has to take your complaint seriously.
Your options include:
- Report the problem to your landlord in writing and give them a reasonable time to fix it
- Make a formal complaint through your landlord's complaints process
- Contact the Housing Ombudsman Service if your complaint is not resolved — this is free
- Seek legal advice — a solicitor can write to your landlord on your behalf and, if necessary, issue proceedings under the Homes Act
See our Housing Ombudsman guide: /resources/housing-ombudsman
See our Step-by-Step Claims Checklist: /resources/step-claim-checklist
Can I Claim Compensation?
Yes. If your landlord has breached the Homes Act - meaning your home has been unfit to live in and they have failed to fix it after being told - you may be entitled to compensation as well as having repairs carried out.
A court can order your landlord to:
- Carry out the necessary works to make the property fit
- Pay compensation for the time you have lived in unfit conditions
- Pay compensation for health effects or damage to belongings
Most claims do not go to court - the majority are settled once a solicitor is involved and the landlord understands their legal obligations.
Does This Apply to My Tenancy?
This law applies to you if:
- You rent from a council or housing association in England
- Your tenancy started on or after 20 March 2019, or your fixed term has ended and you are on a rolling (periodic) tenancy
It does not apply to:
- Shared ownership properties where you own a share
- Tenancies of seven years or more
- Most private tenancies (though a similar duty exists under other legislation)
Need Help?
Council Repair Claims can help you understand your rights and connect you with a regulated solicitor (no-win, no-fee).
If your home has serious damp, mould, or other conditions affecting your health — and your landlord hasn't fixed it — we can help you understand whether you have a claim.
Contact us on 03330 111104 or email info@ashworthingramcp.co.uk
This article is general information only and not legal advice.
The law referenced is correct as of March 2026. Always check for updates at legislation.gov.uk.