Aside from the COVID-19 pandemic, a key theme of 2020 has been diversity and inclusivity. This two-part update addresses this theme in detail
On 20 December 2018, we saw The Homes (Fitness for Human Habitation) Act 2018 (The Act) receive Royal Assent with introductory changes implemented on 20 March 2019.
After a year’s grace, The Act now amends the current implied “fitness obligations” under the Landlord and Tenant Act 1985, so it will apply to all new and existing periodic or secure tenancies as from 20 March 2020.
What does that mean for you as a Registered Provider and/or a local authority landlord?
The new Section 9A(1) of the Landlord and Tenant Act 1985 requires you to let properties that are “fit for human habitation”. You must ensure that all dwellings let under an assured (shorthold) or secure tenancy are:
- fit for human habitation at the time the lease is granted or otherwise created or if later, at the beginning of the term of the lease; and
- will remain fit for human habitation during the term of the lease.
This covenant will also apply to all parts of the building that you hold an interest or estate in, e.g. common parts or retained parts (the outside walls, windows and roof). Should you fail to comply, then your tenants will have a right to take action.
There are of course exceptions and/or potential defences that you can rely on which include the following:
- Where “unfitness” has been caused by a tenant’s failure to behave in a tenant-like manner.
- Where the damage has been caused by an inevitable act e.g. fire, storm or flood.
- Where carrying out works requires a third party consent or where by carrying out the work you would be breaching other regulations and/or enactments, for example, planning permission and/or buildings consent.
What does “fit for habitation” cover?
The amended Section 10 comprises of a list of conditions that could make a property “unfit for human habitation” and that list includes:
- freedom from damp
- internal arrangement
- natural lighting
- water supply
- drainage and sanitary conveniences
- facilities for preparation and cooking of food and for the disposal of wastewater and any prescribed hazard.
We expect to see the volume of claims for compensation being brought by tenant’s solicitors to increase rapidly which will impact on your budgets and capacity to carry out works.
Consequently, we have already seen a revised version of The Pre-Action Protocol for Possession Claims by Social Landlords. The renaming of the protocol is arguably the most obvious change. The protocol has now been renamed, the “Pre- Action Protocol for Housing Condition Cases (England)”. In addition, all references to ‘housing disrepair’ have been replaced by “housing conditions” throughout.
Apart from some very minor wording tweaks in Annex A and B, the protocol remains the same. It is also important to note that the Pre-Action Protocol for Housing disrepair in Wales has remained the same.
For more information
Covid-19 has resulted, on the whole, in a marked co-operation between contracting authorities and their suppliers as everybody focuses on maintaining delivery as far as possible.
Employment Tribunal rules in favour of claimants in minimum wage case – has the interpretation of “working time” changed?
As we enter a recession, we have been here before, and a key question is what did we learn and how can we benefit from that learning?
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.