Ensuring your property is fit for human habitation: a landlord's guide
July 8, 2025
As a landlord, providing a safe and healthy living environment for your tenants is good practice and it is a legal obligation. The Homes (Fitness for Human Habitation) Act 2018, which came into force on 20 March 2019, reinforces this duty by requiring landlords to ensure that their properties are fit for human habitation at the start of and throughout the tenancy.
What does 'fit for human habitation' mean?
Under the Act, a property is considered unfit for human habitation if it has serious defects in any of the following areas:
Repair
Stability
Freedom from damp
Internal arrangement
Natural lighting
Ventilation
Water supply
Drainage and sanitary conveniences
Facilities for preparation and cooking of food and for the disposal of waste water
Hazards under the Housing Health and Safety Rating System (HHSRS)
It is important to note that the Act applies to both the dwelling and any common parts of the building in which the landlord has an interest.
Your responsibilities as a landlord
To comply with the act, landlords must:
Ensure the property is fit for habitation at the start of the tenancy - Conduct thorough inspections before a new tenancy begins to identify and rectify any potential issues. Upload any write up to the all-in-one August rental app.
Maintain the property's condition throughout the tenancy - Regular maintenance and prompt repairs are essential to prevent the property from becoming unfit for habitation. Using August’s property management software can help track maintenance schedules and record completed repairs efficiently.
Address hazards promptly - If a tenant reports a problem, assess and remedy it in a timely manner. Failure to do so could result in legal action.
Legal implications of non-compliance
If a landlord fails to ensure their property is fit for human habitation, tenants have the right to take legal action for breach of contract. The court may order the landlord to carry out necessary repairs and may also award compensation to the tenant.
Best practices for compliance
Regular inspections - Schedule periodic inspections to identify and address issues proactively.
Prompt repairs - Respond quickly to tenant reports of disrepair or hazards.
Documentation - Keep detailed records of inspections, maintenance, and repairs to demonstrate compliance. Using August’s property management software simplifies this process by centralising documents and maintenance logs.
Stay informed - Keep up-to-date with changes in housing legislation to ensure ongoing compliance.
Common issues and how to address them
Damp and mould are among the most common issues that can make a property unfit for human habitation.
Bathrooms and laundry areas are particularly prone to damp due to high moisture levels. Landlords should ensure that bathrooms are equipped with efficient extractor fans to remove steam generated by hot showers. Regularly clean and maintain these fans to keep them in good working order.
For properties with washing machines, ensure that plumbing is correctly fitted and checked regularly to avoid leaks. It is also advisable to place washing machines in well-ventilated areas to reduce moisture build-up.
When tenants dry clothes indoors, it significantly increases humidity, leading to condensation and mould. Consider providing a tumble dryer with proper ventilation or advising tenants on how to dry clothes safely, such as using drying racks in rooms with open windows or dehumidifiers.
Poor ventilation, leaking roofs, and condensation from inadequate heating can all contribute. Installing extractor fans, maintaining guttering, and ensuring proper insulation can significantly reduce the risk of damp.
Structural stability is another key factor. Cracks in walls, subsidence, or unstable staircases can pose significant risks to tenants. Regular inspections and timely repairs will help maintain the structural integrity of the building.
Natural lighting and ventilation are crucial for a healthy living environment. Obstructed windows, faulty light fittings and appliances can lead to unfit conditions. Cleaning windows, replacing broken fixtures, and electrical applications are functioning properly will help meet these standards.
Practical steps for landlords
Create a maintenance checklist - Outline routine checks for heating systems, plumbing, electrical safety, and structural soundness.
Respond to complaints efficiently – Encourage the tenant to use the August in-app maintenance reports feature to report issues. Property management software helps track and respond to maintenance requests swiftly.
Use professional services - Hire certified electricians, plumbers, and builders for any major works.
Educate tenants - Provide guidelines on how they can help maintain the property, including proper ventilation and reporting issues early. We recommend covering these points in a welcome book and sharing this at the start of the tenancy via August.
Ensuring long-term compliance
Consider joining a landlord association. Also use the August in-app compliance feature recommending the steps you should take. You should also keep up to date on the changing legislation and landlord best practices.
Final thoughts
Ensuring your property is fit for human habitation is a fundamental responsibility of every landlord. Incorporating property management software into your routine makes it easier to meet legal obligations, streamline maintenance, and build positive tenant relationships. This proactive approach reduces the risk of disputes and enhances the longevity of your property investment.
For more information on your responsibilities under the Homes (Fitness for Human Habitation) Act 2018, refer to the official government guidance.
Disclaimer: This article is a guide and not intended to be relied upon as legal or professional advice, or as a substitute for it. August does not accept any liability for any errors, omissions or misstatements contained in this article. Always speak to a suitably qualified professional if you require specific advice or information.
