Why it matters
The Homes (Fitness for Human Habitation) Act 2018 was introduced to enhance tenants’ rights and hold landlords accountable for substandard housing conditions. However, six years on, questions remain about its effectiveness in practice. Despite its aim to empower tenants, many still struggle to enforce their rights due to financial constraints, legal complexities, and slow-moving enforcement mechanisms.
Key insights
Court rulings and legal precedents
Several landmark cases have tested the Act’s provisions, highlighting the challenges tenants face in enforcing their rights. Some rulings have confirmed the Act’s potential to improve housing conditions, while others have exposed gaps in enforcement mechanisms.
For example, in a case where a tenant’s complaints about severe dampness were ignored for years, the court ruled in favour of the tenant, awarding compensation for both distress and personal injury. However, the case also illustrated the difficulties of enforcement, as it took prolonged legal action to secure a ruling.
Challenges in enforcement
Despite its strong legislative intent, enforcement of the Act has been inconsistent. Tenants often struggle with legal costs, evidentiary requirements, and lengthy court proceedings, making it difficult to hold landlords accountable. Additionally, local authorities have limited resources, which often results in delayed action or lack of follow-through.
Legal loopholes and landlord compliance
Landlords who understand the law’s nuances have sometimes been able to navigate around their obligations. In particular, delays in court proceedings and the burden of proof placed on tenants have limited the Act’s overall impact. Moreover, some landlords use legal loopholes, such as claiming financial hardship or shifting blame to previous property owners, to try to evade responsibility.
Looking Ahead
While the Act has provided a framework for improving housing standards, more needs to be done to enhance enforcement and streamline the legal process for tenants seeking redress. There is growing pressure on the government to introduce further reforms, including increased funding for enforcement agencies and stronger penalties for non-compliance.
The phased introduction of the the Social Housing (Regulation) Act 2023 announced in February 2025 is progress. However, many argue that the coming into force of the provisions of the Act should have come much sooner.
