How Do You Know Your Home Is Unfit for Habitation?

In 2017, 72 tenants of The Grenfell Tower lost their lives in a fire. It was caused by faulty electric wires of a fridge-freezer in one of its flats. Although the tenant quickly switched off the circuit breaker, the fire spread rapidly because the panels used for the walls were made of highly combustible plastic materials. 

In 2020, the power and water supply of a residential building in Basildon got cut off for 24 hours, leaving the tenants trapped in the building. It was called a "tragedy waiting to happen" as there were no emergency systems in place. The lifts were not working, and the water pump depended on electricity to distribute water around the building.

Three years ago, an MP for Westminster North relayed how a family of four who rented a private flat had a shower and toilet separated from the kitchen by plywood cubicles. The small family occupied a basement that was converted into a living quarter. The walls were replete with black mold growths, making the structure unfit to be lived in. 

The incidents above are just some examples of homes unfit for habitation. All buildings had safety issues that weren't adequately addressed. Fortunately, new laws and a housing disrepair claim will no longer be a problem for many tenants. 

Homes Act

The Homes Act (Fitness for Human Habitation) 2018 applied to rental dwellings across England. It went into effect on March 20, 2019, intending to ensure tenants live in homes that are safe, clean, and fit for human habitation. This Act did not cover tenancies that began on or before the date mentioned above until March 20 of the following year.

Under the HFHHA 2018, landlords are required to keep rented homes secure and free from disrepair. Those who do not abide by it can be brought to court or made to compensate their affected tenants. 

Landlord's obligations

As long as the tenant did not cause the disrepair, the landlord is liable for the care of the rented property. Their list of responsibilities includes structural damage repairs, the central heating system, and the home's exterior. Gas and fire safety must be examined regularly and, if the building setup is for multi-occupants, the landlord has complete control over the communal spaces.

When a rented home is uninhabitable

Not all home disrepair or unsanitary conditions are the faults of the landlord's negligence, though. About 2 to 5% of the UK's population are classified as hoarders, people who accumulate things and find it difficult to discard anything. Clutter can be a fire hazard and can block the entrance to or exit from the home. It can also attract pests, as well as worsen damp and mold problems.

What makes your home unfit for habitation?

There are several reasons for a home to be labeled 'unfit for habitation. Houses in a bad state, with debris all around that, can cause personal injury, are described as inappropriate. Once your health and safety are compromised, living in your rented home won't be a good idea. 

If your home

• has not had repairs for years,
• is not free from dampness,
• has no internal arrangement,
• does not have natural lighting,
• has limited ventilation,
• has problematic water supply,
• has drainage and sanitary conveniences,
• does not have facilities for food preparation and cooking, and wastewater disposal,  
• has prescribed hazards, Then it is not fit for habitation.

There are exceptions, though, to what the landlord can fix in your rented home. These are:

• If you, as a tenant, are behaving irresponsibly and causing the disrepair, the landlord is not obligated to offer any assistance. 
• Events that are considered Acts of God, such as floods, storms, and fires, cannot be addressed by the landlord. Your local council may have additional information about this.
• The Homes Act does not cover broken furniture and fixtures that belong to the previous tenants.
• If the landlord cannot get permission from other tenants and the building owners, the Homes Act does not apply. 

As the complainant/tenant, it is your obligation to allow the landlord and any contractors to enter should they decide to address the disrepair in your home. They must give you at least 24 hours' notice to prepare.

Making a claim

If you believe your home is unfit for habitation, you can file a complaint with your landlord. Provide photos and videos for their reference. If your landlord does not respond within 21 days from the date of the notice, you can forward your complaint to the council or contact a team of solicitors.  

The housing disrepair experts company can help you get compensated for the damage the disrepair in your home has caused you and your family.