CP Law Associates

Are You Living in Rented Accommodation That is Not Fit For Purpose?

Rented Accommodation Not Fit For Purpose

The United Kingdom had enacted a legislature titled’ Homes (Fitness for Human Habitation) Act, 2018, which deals with the basic amenities that landlords should provide to their tenants, and legal remedies to the tenants. This Act guides the people, who rented privately or who rented from a housing association, or who rented from their local council. The enactment makes sure that the houses or the flats are fit for human habitation. This Act does not apply to those who have ‘license to occupy‘ instead of the tenancy agreement.

What Makes a Rented Accommodation Fit For Purpose?

Generally, certain eligibility criteria make a house fit for human accommodation, the minimum criteria include ventilation to the house or flat, the house having drainage facility, hot and cold water supply, proper lighting and finally cooking facility. It is to be noted that these are minimum requirements that every house or flat should have. And every landlord has to maintain these requirements so that tenants can live safely. 

What Happens When Your Accommodation is Not Fit For Purpose?

If your rented accommodation is unfit for purpose, then it could put your health at risk or cause you physical harm, so every landlord must maintain basic requirements so that the accommodation will be suitable for tenants.

What Are The Rights and Duties of The Tenant?

  • Right to getting repairs done by the landlord
  • Right to end the rental agreement by giving proper notice to the landlord
  • Right of getting back deposit money and 
  • Right to deal with rent increasing

As per the Landlord and Tenant Act, 1985, the tenant must maintain the rented house in a proper condition and has to return the house during vacating in a proper manner as which the landlord specify in the rental agreement.

What is the Legal Remedy When Accommodation is Unfit?

A tenant can approach the court for a legal remedy, where the court might direct the landlord to improve the amenities with the basic requirement or may direct the landlord to pay compensation including the legal costs to the tenant. As per the Homes (Fitness for Human Habitation) Act, 2018, the compensation amount was fixed so it is the discretion of the court and it is assessed on a case-to-case basis.

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