Under the Homes Act your landlord must make sure that your home is ’fit for human habitation’, which means that it’s safe, healthy and free from things that could cause you or anyone else in your household serious harm. For example, if your house or flat is too cold and you can’t heat it, this can have an adverse effect on your health.
The Homes Act applies to tenants living in social or privately rented houses and flats. The type of housing you live in, for example a bungalow, house or flat, is not important. Neither does it matter how you pay your rent, or if you are on Housing Benefit or Universal Credit. It is the agreement that you have with your landlord or letting agent that matters.
Things your landlord is not responsible for
Your landlord is responsible for fixing a lot of problems in your home. But there are some exceptions:
- Problems caused by tenant behaviour
If you or another tenant have behaved irresponsibly or illegally, the landlord may not have to fix any problems caused by your behaviour.
- Damage resulting from events such as storms or floods which are completely beyond the landlord’s control (sometimes called ‘acts of God’)
You won’t be able to use the Homes Act to force your landlord to make repairs, but you may be able to contact your local council for help if your landlord doesn’t take the necessary steps to help.
- The landlord will is not obliged to repair your possessions or furniture belonging to previous tenants
For example, if it is not included in the inventory at the beginning of your tenancy.
If the landlord hasn’t been able to get permission from certain other people.
You will not be able to use the Homes Act when the landlord has not been able to get permission to do work from people like the owners of a building that has flats in it, or the local council if planning permission is needed. You are allowed to ask for evidence that your landlord has tried to get permission, and you will still be able to contact your local council for help.