Homes (Fitness for Human Habitation) Act 2018: How to Make a Claim

Last updated: March 2026

Quick Answer

The Homes (Fitness for Human Habitation) Act 2018 gives tenants the right to take their landlord to court if the property is unfit for human habitation. Unlike Section 11 of the Landlord and Tenant Act 1985, which focuses on structural repair and installations, the fitness for habitation route captures a broader range of hazards — including excess cold, inadequate lighting, noise, and pest infestation — and does not require the tenant to prove that the landlord had notice of the specific defect. The Act applies to most residential tenancies in England and provides remedies including damages, rent repayment, and court-ordered repairs.

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Background: Why the 2018 Act Was Needed

Before the Homes (Fitness for Human Habitation) Act 2018, tenants' statutory remedies for poor housing conditions were largely limited to Section 11 of the Landlord and Tenant Act 1985, which covers the structure, exterior, and installations of the property. Section 11 is a powerful tool, but it has clear limits: it does not capture hazards that fall outside the narrow definition of "disrepair," such as a property that is structurally sound but dangerously cold due to poor insulation, or a flat with no natural light.

The original fitness for habitation provisions in the Landlord and Tenant Act 1985 (Sections 8–10) were rendered ineffective decades ago because they only applied to properties below a rent threshold that had not been updated since 1957. By the time the 2018 Act was passed, the threshold was so low that virtually no tenancy fell within its scope.

The 2018 Act, introduced as a Private Member's Bill by Karen Buck MP, inserted new Sections 9A, 9B, and 9C into the 1985 Act. It effectively restored the fitness for habitation requirement and extended it to all residential tenancies in England, regardless of rent level.

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What Makes a Property "Unfit for Human Habitation"?

The Act does not provide a single definition of unfitness. Instead, it directs the court to have regard to a list of prescribed matters and to the Housing Health and Safety Rating System (HHSRS) hazards.

The Prescribed Matters

Section 10 of the Landlord and Tenant Act 1985 lists the following matters relevant to fitness:

• 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

HHSRS Category 1 Hazards

The 2018 Act also requires the court to consider whether the property poses a Category 1 hazard under the HHSRS. There are 29 potential hazards, grouped into four categories:

Physiological requirements:

• Damp and mould growth
• Excess cold
• Excess heat
• Asbestos and manufactured mineral fibres
• Carbon monoxide and fuel combustion products
• Lead
• Radiation
• Uncombusted fuel gas
• Volatile organic compounds

Psychological requirements:

• Crowding and space
• Entry by intruders
• Lighting
• Noise

Protection against infection and accidents:

• Domestic hygiene, pests, and refuse
• Food safety
• Personal hygiene, sanitation, and drainage
• Water supply for domestic purposes
• Falls (baths, stairs, between levels, on the level)
• Electrical hazards
• Fire
• Hot surfaces and materials
• Collision and entrapment
• Explosions
• Ergonomics (position and operability of amenities)
• Structural collapse and falling elements

A property does not need to fail on every hazard — a single serious Category 1 hazard can render it unfit for human habitation.

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Who Can Claim Under the 2018 Act?

Eligible Tenants

The Act applies to:

• Assured shorthold tenancies (the most common form of private rented tenancy)
• Assured tenancies
• Secure tenancies (council tenancies)
• Introductory tenancies
• Demoted tenancies
• Most other residential tenancies granted for fewer than seven years

The Act was extended to cover existing tenancies (not just new ones) from 20 March 2020.

Who Cannot Claim?

The Act does not apply to:

• Tenancies granted for seven years or more (long leases)
• Licences to occupy (lodgers, some temporary accommodation arrangements)
• Tenancies where the dwelling forms part of a building and the landlord is not responsible for the relevant part (e.g., a flat where the defect is in a communal area maintained by a management company rather than the landlord)

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How the 2018 Act Differs from Section 11

Understanding the distinction between the two statutory routes is important because they serve different purposes and have different tactical advantages.

The most significant practical difference is the notice requirement. Under Section 11, the landlord's duty to repair does not arise until they have notice of the disrepair. Under the 2018 Act, the landlord is deemed to know what a reasonably competent inspection would reveal. This means a tenant can succeed even if they never reported the problem — provided the defect was one the landlord ought to have discovered.

In practice, many tenants bring claims under both Section 11 and the 2018 Act simultaneously. The two routes are not mutually exclusive, and pleading both gives the court flexibility to award remedies under whichever provision best fits the facts.

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How to Make a Claim

Step 1: Document the Condition

Before anything else, gather evidence of the property's condition. This means:

• Photographs and video of every defect, taken in natural light with a scale reference and date stamp
• A written log of when each problem first appeared, when you reported it, and what response you received
• Copies of all correspondence with the landlord — letters, emails, text messages, online portal messages
• Medical evidence if the conditions have affected your health (GP records, hospital letters, prescriptions)

Step 2: Request a Local Authority Inspection

Contact your local council's environmental health department and request a housing inspection. Environmental health officers can assess the property under the HHSRS and, if they identify Category 1 hazards, may serve an improvement notice on the landlord. Their report is valuable independent evidence in court proceedings.

There is no charge for a local authority inspection. The officer will visit the property, assess the hazards, and produce a report. If they find that the property poses a serious risk, they have statutory powers to compel the landlord to carry out works.

Step 3: Follow the Pre-Action Protocol

The Pre-Action Protocol for Housing Conditions Claims requires you to send a letter before claim to the landlord. The letter should:

• Describe the defects and the hazards they present
• Reference the Homes (Fitness for Human Habitation) Act 2018 (Sections 9A–9C of the Landlord and Tenant Act 1985)
• Set out the remedies you are seeking (repairs, damages, or both)
• Give the landlord at least 20 working days to respond
• Enclose or make available copies of your evidence

Compliance with the Protocol is important. Courts take a dim view of claimants who issue proceedings without giving the landlord a fair opportunity to resolve the matter, and non-compliance can result in adverse costs orders.

Step 4: Obtain Expert Evidence

For most fitness claims, a surveyor's report is essential. A RICS-qualified surveyor can:

• Identify and categorise the HHSRS hazards present
• Assess whether the property meets the fitness for habitation standard
• Estimate the cost of remedial works
• Provide an opinion on causation (important if the landlord argues the tenant is responsible)

If you are claiming damages for personal injury, you will also need medical evidence — typically a GP report or a specialist report linking your condition to the housing defect.

Step 5: Issue Proceedings

If the landlord fails to respond to the pre-action letter, responds inadequately, or refuses to carry out the necessary works, you can issue proceedings in the county court. Claims up to £10,000 (without a significant personal injury element) will be allocated to the small claims track. Larger claims will be allocated to the fast track.

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Remedies

Damages

The court can award damages for:

• Loss of amenity and enjoyment — typically calculated as a percentage reduction in rent for the period during which the property was unfit
• Special damages — quantifiable financial losses such as the cost of temporary heating, replacement of damaged belongings, or temporary accommodation
• Personal injury — where the housing conditions caused or exacerbated a health condition (respiratory illness from mould, cold-related conditions, stress and anxiety)

Specific Performance

The court can order the landlord to carry out specific works to bring the property up to the fitness standard. This is particularly important where the tenant is still living in the property and the hazards continue.

Rent Repayment

In some circumstances, the court may order the landlord to repay rent for the period during which the property was unfit. This is a powerful remedy because it shifts the financial burden directly to the landlord.

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Defences and Limitations

Tenant's Own Actions

The landlord is not liable under the 2018 Act if the unfitness is wholly attributable to the tenant's own breach of their obligations — for example, if the tenant has deliberately damaged the property or has refused access for essential maintenance.

Acts of God

The landlord is not required to make the property fit if the unfitness is caused by events beyond their control, such as fire, storm, or flood — unless the damage was exacerbated by a prior failure to maintain.

Tenant's Failure to Report

Whilst the 2018 Act does not require the tenant to give notice as a precondition of liability, a failure to report obvious problems can affect the assessment of damages. The court may reduce the damages period if the tenant waited an unreasonably long time before raising concerns.

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How BundleCreator Helps

A fitness for habitation claim requires careful assembly of evidence — HHSRS assessments, surveyor reports, environmental health correspondence, medical records, photographs, and the pre-action protocol exchange. Presenting this material in a well-structured, properly paginated court bundle is essential for making the right impression on the court.

BundleCreator allows you to:

• Upload all your documents and arrange them into logical sections
• Apply automatic sequential pagination across the entire bundle
• Generate a hyperlinked index that updates when you add or reorder material
• Export a court-ready PDF in minutes, formatted to align with the Civil Procedure Rules bundle requirements (CPR Part 39 / Practice Direction 32) that apply to county court housing disrepair claims

Whether you are representing yourself or instructing a solicitor, a professionally organised bundle demonstrates that your claim is well-prepared and credible. Build your bundle at BundleCreator.co.

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Frequently Asked Questions

Can I use the 2018 Act if my tenancy started before the Act came into force?

Yes. The Act was extended to cover all existing tenancies from 20 March 2020. If your tenancy started before that date, you can bring a claim for unfitness that existed on or after 20 March 2020.

Do I need to give my landlord notice before claiming under the 2018 Act?

No. Unlike Section 11, the 2018 Act does not require you to prove that the landlord had notice of the specific defect. The landlord is deemed to know what a reasonably competent inspection would reveal. However, giving notice is still good practice — it creates a paper trail, demonstrates that you acted reasonably, and may prompt the landlord to carry out repairs without the need for court proceedings.

Can I claim under both Section 11 and the 2018 Act?

Yes. The two statutory routes are not mutually exclusive. Many tenants plead both, allowing the court to award remedies under whichever provision best fits the facts. This is particularly useful where the disrepair also constitutes a broader fitness hazard.

What is the limitation period for a 2018 Act claim?

The limitation period is six years from the date of the breach (or three years for personal injury claims). The breach is ongoing for as long as the property remains unfit, so the limitation period may not begin to run until the defect is remedied or the tenancy ends.

Is legal aid available for fitness for habitation claims?

Housing disrepair claims involving a serious risk to health or safety may qualify for legal aid, subject to a means test. Contact the Civil Legal Advice helpline (0345 345 4345) or use the government's legal aid checker to find out whether you are eligible.

Can a landlord evict me for making a claim?

The Deregulation Act 2015 provides protection against retaliatory eviction. If you have complained to the local council about the condition of your property and the council has served an improvement notice or emergency remedial action notice, the landlord cannot serve a Section 21 notice for six months. This protection is separate from the general principle that a landlord cannot evict a tenant solely for exercising their legal rights.

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This article is for general informational purposes and does not constitute legal advice. For advice on your specific circumstances, consult a qualified solicitor.