Fitness for Human Habitation
The legal standard requiring every rented dwelling in England to be fit for human habitation when let and to remain fit throughout the tenancy. Set out in section 9A of the Landlord and Tenant Act 1985, inserted by the Homes (Fitness for Human Habitation) Act 2018. The tenant can sue the landlord directly in the County Court for breach.
Section 10 of the LTA 1985 lists the matters considered: damp, internal arrangement, ventilation, natural lighting, water supply, drainage, freedom from any serious hazard under the Housing Health and Safety Rating System (HHSRS). The duty is owed directly to the tenant; the landlord cannot contract out (s.9A(3)). The duty does not apply where the cause is the tenant's own breach of an express tenancy term. Combined with Awaab's Law statutory timescales and the council Environmental Health enforcement powers under Housing Act 2004 Part 1, this gives tenants a powerful framework against substandard housing.
Related terms
Related guides
Mould, Damp, and the Fitness for Human Habitation Standard
Mould and damp in rented homes is no longer just an inconvenience — it is a measurable health risk and a hard legal duty on landlords. Since the death of two-year-old Awaab Ishak in Rochdale in 2020, the law has been tightened repeatedly. This guide explains the statutory standard your home must meet, the social-landlord deadlines under Awaab's Law, your remedies in the private rented sector, and how to escalate when a landlord ignores you.
9 min
Housing Disrepair: Your Options
Housing disrepair refers to a landlord's failure to meet their legal obligation to keep a rented property in a good state of repair. If your landlord has ignored valid repair requests and you have suffered harm as a result — health problems, damage to belongings, or inability to use parts of the property — you may have a legal claim for compensation and for the repairs to be carried out.
7 min read