Why it matters
What Fitness for Human Habitation means for a landlord
The 2018 Fitness Act closed a gap that had existed since Victorian-era housing law: before it, a tenant could not sue their landlord directly on fitness grounds, they had to go through the council. Now a tenant can bring a claim on their own, and the bar ("fit for habitation") is informed by HHSRS. The practical effect is that minor damp or mould neglected for months becomes a direct lawsuit rather than a slow council inspection process.
Worked example
How it plays out
Ellie’s tenant in Hull reports that the only heating in the flat, an old storage heater, barely works and the bedroom is cold and damp. Under the Homes (Fitness for Human Habitation) Act 2018 the tenant does not need to go through the council: they can take Ellie to court, asking for the problem to be fixed and for compensation. Ellie has an electrician out within a week, replaces the heater and keeps the tenant updated in writing, which is also her best evidence if a claim follows.
Common mistakes
Where landlords go wrong
- 01Believing a tenant must go through the council before taking action.
- 02Assuming the duty only applies when the tenancy starts, when it applies throughout.
- 03Paying for damage without checking its cause: the Act does not require you to fix unfitness caused by the tenant’s own breach.
What to do
A short checklist
- Check each property against the main hazards: damp, cold, fire, electrics and falls.
- Reply to fitness complaints in writing with a date for inspection.
- Record the cause of any damage before deciding who pays.
Sources
Checked against these sources on 16 September 2026. A guide to the rules in England, not legal advice: for a dispute or a possession claim, speak to a solicitor.
