Advice for rural landlords: The Fitness for Human Habitation Act comes into force

From 20th March, 2019 most rental properties in the UK will need to be ‘fit for human habitation’. Previously this legislation only applied to tenancies with a rent of less than £80 per annum.  

Landlords with properties on agricultural land-holdings should be aware of how this legislation affects them. The Act applies to new tenancies of less than seven years, including year to year tenancies and periodic tenancies that arise after 20th March.

Therefore, houses let under the Agricultural Holdings Act 1986 or the Housing Act 1988 will likely be caught within 12 months of the legislation. Properties let under the Rent Act 1977, or that are on long term Farm Business Tenancies will likely avoid this legislation until they are re-let.

The matters which decide whether a property is ‘fit for human habitation’ remain largely unchanged from the repairs obligations set out in the Landlord and Tenant Act 1985, including ensuring a property is free from damp and has functioning drainage and sanitary conveniences.

If a tenant is living with one of these issues that is ‘so far defective’ that it is not ‘reasonably suitable for occupation’, the tenant can pursue their landlord in a civil claim and force the landlord to undertake remedial works. However, action cannot be taken where the ‘unfitness’ has been caused by the actions of the tenants. 

For most landlords, the Fitness for Human Habitation Act will simply be ‘business as usual’ as their properties will already be fully compliant, although it’s worth noting that new legislation extends to common areas of a building too.

Our Rural specialists have many years’ experience advising landowners and rural businesses across the country on the management of their estates, including tenancies.

For more advice on the legislation and regulations for let agricultural properties, please get in touch with our Rural Asset Management Team