The Homes (Fitness for Human Habitation) Act 2018: your rights explained
Your landlord must make sure your home is fit to live in, not just when you move in, but throughout your tenancy. If they fail, this law lets you take them to court directly.
Get help with my complaintYour rights around the homes (fitness for human habitation) act 2018
The Homes (Fitness for Human Habitation) Act 2018 gives tenants in England a powerful right: your home must be fit for human habitation at the start of your tenancy and for the whole time you live there. It applies to both social and private tenants.
“Fit for human habitation” means free from hazards so serious that the home is not reasonably suitable to live in. Examples include severe damp and mould, dangerous wiring, or a home that is too cold to heat.
Crucially, if your landlord knows about a serious problem and does not fix it within a reasonable time, you can take them to court yourself. You do not need to wait for the council.
Key facts
Your home must be fit throughout the tenancy
The Act requires your landlord to keep the property, including shared and common parts, fit for human habitation at the start of and throughout your tenancy, not just on day one.
It covers serious hazards
Fitness is judged against recognised housing hazards, including damp and mould, excess cold, fire risks, dangerous structures, and unsafe wiring. If a hazard makes the home unsuitable to live in, the home is unfit.
You can take your landlord to court directly
If your landlord knows about a serious hazard and does not deal with it in a reasonable time, you can bring a claim for breach of contract in the county court yourself, without needing the council to act.
The court can order repairs AND compensation
A court can order your landlord to carry out the works to fix the hazard, and can award you damages to compensate you for having lived in an unfit home.
What to do step by step
Keep a written record at every stage. Dates and written communications are your most important evidence.
Report the problem in writing
Tell your landlord about the hazard in writing, with photos and dates. The law turns on the landlord knowing about the problem and failing to act in a reasonable time.
Give them a reasonable chance to fix it
Allow a reasonable time for repairs. Keep a record of what you reported and when, and of any response (or silence).
Make a formal complaint
If it is not fixed, make a formal complaint and escalate to the Housing Ombudsman. Use TenantSafe to generate a correctly-referenced letter.
Consider court action for an unfit home
If the home remains unfit, you can bring a claim under the Act for an order to do the works and for compensation. Get advice from a housing solicitor, Citizens Advice, or Shelter first.
Get a formal complaint letter in minutes
TenantSafe produces a correctly-referenced complaint letter based on your specific situation, with the right legal references, the right deadlines and the right tone. It is free and takes less than 10 minutes.
Generate my free complaint letterCommon questions
What does “fit for human habitation” mean?+
It means the home is free from hazards so serious that it is not reasonably suitable to live in, such as severe damp and mould, excess cold, or dangerous wiring.
Does this apply to social housing tenants?+
Yes. The Act applies to both social and private rented homes in England.
Do I need the council to act first?+
No. Unlike some other routes, this Act lets you take your landlord to court directly if they know about a serious hazard and fail to fix it in a reasonable time.
What can a court do?+
It can order your landlord to carry out the repairs needed to make the home fit, and can award you compensation for the time you lived in an unfit home.