Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair
Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair
  • Fitness for human habitation
  • Further guidance
  • The statutory obligation to repair
  • Knowledge of the defect
  • Implied obligation extended by express covenant

Fitness for human habitation

Implied covenant

With effect from 20 March 2019, section 1 of the Homes (Fitness for Human Habitation) Act 2018 (H(FHH)A 2018) amends the Landlord and Tenant Act 1985 (LTA 1985), inserting section 9A which implies a covenant on the part of a landlord into a lease of a dwelling (as defined in LTA 1985, s 38) in England which is let wholly or mainly for human habitation, that the dwelling:

  1. is fit for human habitation at the time the lease is granted or created, or at the beginning of the term of the lease if this is later, and

  2. will remain fit for human habitation during the term of the lease

Where the relevant dwelling forms only part of a building, the implied covenant will also apply to any common parts over which the landlord has an interest or estate.

A corresponding covenant on the part of a tenant will also be implied, that the landlord or any person authorised in writing by the landlord may enter the dwelling to view its condition and state of repair:

  1. at reasonable times of the day only, and

  2. subject to at least 24 hours’ notice in writing being given to the occupier of the dwelling

These provisions apply to:

  1. a lease granted for a term of less than seven years, or