Guide summary

Give at least 24 hours' written notice before you enter the home to inspect it
Visit only at a reasonable time of day, and keep a dated record of what you find
Keep a record of what tenants report, when you acted and what you did
Fix problems you know about promptly, as unrepaired unfitness lengthens the time you are in breach
Remove Category 1 hazards, the most serious grade, as your council must take enforcement action on them
Councils can impose a civil penalty of up to £40,000 for serious housing offences, from 1 May 2026
Not complying with an improvement notice is an offence punishable by an unlimited fine
The duty covers leases under 7 years, and tenants can claim in the county court for up to 6 or 12 years

The rules here are for England.

What the duty requires

Landlord fitness for human habitation duty

Implied covenant requiring landlords to ensure a rented dwelling in England is fit for human habitation.

Section 9A of the Landlord and Tenant Act 1985, inserted by the Homes (Fitness for Human Habitation) Act 2018, implies a covenant into a lease of a dwelling in England that the landlord will ensure the dwelling is fit for human habitation. Any term of the lease that tries to exclude or limit the covenant is void.

The dwelling must be fit when the lease is granted or, if later, when the term begins
It must remain fit throughout the term
Where the dwelling is part of a building, the duty extends to the common parts in which the landlord has an interest

A dwelling is unfit if it is so defective in one or more listed matters that it is not reasonably suitable for occupation in that condition. The matters are repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, facilities for preparing and cooking food and disposing of waste water, and any hazard prescribed under section 2 of the Housing Act 2004 (section 10 of the 1985 Act).

The covenant applies to leases of less than 7 years, including a longer lease that the landlord can end within 7 years. It applies to new leases from 20 March 2019. Periodic and secure tenancies that already existed were covered from 20 March 2020.

The covenant does not apply to a lease to a public body or other body listed in section 14 of the 1985 Act, for example a local authority or housing association. It does not cover licences to occupy, such as lodgers. Where an agricultural worker's dwelling is provided as part of their pay, section 9C implies an equivalent term into the contract of employment.

The landlord is not required to carry out works that the tenant is responsible for, to rebuild after fire, storm or flood, to repair anything the tenant is entitled to remove, or to do work that needs a third party's consent that has not been given despite reasonable efforts. The landlord is not liable where the unfitness is wholly or mainly caused by the tenant's own breach of covenant.

In force (new tenancies): 20 March 2019
In force (existing periodic and secure tenancies): 20 March 2020
Tenancy length limit: Under 7 years
Geographic scope: England
Enforcement: Tenant claim in the county court

How fitness is judged

The prescribed hazards are those of the Housing Health and Safety Rating System (HHSRS), which councils also use to enforce housing standards.

HHSRS hazard categories for fitness assessment

21 consolidated hazard categories used for HHSRS inspections begun on or after 23 June 2026.

For inspections begun on or after 23 June 2026, the Housing Health and Safety Rating System (HHSRS) uses 21 consolidated hazard categories. The 2026 system replaces the former 29-category list and grades assessed hazards as High, Medium or Low.

Do not apply the former 29-category or A-to-J scoring framework to a new inspection. Use the current operating guidance and assessment tool for the inspection start date.

Total HHSRS hazards: 21 consolidated categories for inspections begun on or after 23 June 2026
Current scoring bands: High, Medium and Low
Previous system: 29 categories with A-to-J bands for earlier inspections

Inspect and put problems right

Landlord inspection access rights

The landlord's right to enter a rented dwelling in England to view its condition and state of repair.

Section 9A(7) of the Landlord and Tenant Act 1985 implies a covenant by the tenant that the landlord, or a person the landlord authorises in writing, may enter the dwelling to view its condition and state of repair. It sits alongside the landlord's fitness for human habitation covenant.

Entry must be permitted only:

at reasonable times of the day, and
if the occupier has been given at least 24 hours' notice in writing

The Act sets no emergency exception. GOV.UK guidance says that in an emergency a landlord may be entitled to enter on shorter notice.

Minimum notice: 24 hours, in writing
Timing: Reasonable times of day only
Who may enter: Landlord or person authorised in writing
Source of right: Implied into the lease by section 9A(7)

Check the home before each let

Walk through it against the baseline indicators in the HHSRS operating guidance, which range from drainage and fire safety to noise and pest management. Anything that falls short of an indicator is a deficiency to assess, and ideally to fix before the tenant moves in.
Inspect during the tenancy

Give at least 24 hours'' written notice, visit at a reasonable time, and keep a dated record of what you find.
Act on reports promptly

The 1985 Act sets no fixed deadline for repairs, but unfitness that you know about and leave unrepaired lengthens the period for which you are in breach. Keep a record of what was reported, when you acted and what you did.
Keep the home free of Category 1 hazards

Category 1 is the most serious grade (the High band), and your council must take enforcement action when it finds one. Learn what the hazards look like so you can deal with them before an assessor does.

What happens if the home is unfit

Tenant court remedies for unfit property

How a tenant in England enforces the fitness for human habitation covenant through a county court claim, and what the court can order.

The fitness covenant is enforced by the tenant, who can bring a claim in the county court for breach. The court may order:

specific performance, requiring the landlord to carry out the works needed to make the dwelling fit (section 9A(5) of the Landlord and Tenant Act 1985)
damages to compensate the tenant for living in a dwelling that was not fit
payment of the tenant's legal costs

GOV.UK guidance says there is no specified limit on compensation. It is for the judge to decide after considering the evidence, taking account of the harm to the tenant, how long the problem lasted and how severe the unfitness was.

The landlord is treated as responsible from when the tenant tells them of the problem, and has a reasonable time to deal with it. A hazard in the common parts of a block of flats or a house in multiple occupation makes the landlord liable immediately.

The landlord is not liable where the unfitness is wholly or mainly caused by the tenant's own breach of covenant, or where the landlord cannot do the work because it needs a third party's consent that was not given despite reasonable efforts. A claim by the tenant does not stop the local authority using its own enforcement powers.

Court: County court
Orders available: Specific performance, damages and costs
Cap on compensation: None specified; set by the judge
Limitation period: 6 years (simple contract) or 12 years (deed)

Where a council considers that a Category 1 hazard exists, it must take enforcement action, which includes serving an improvement notice. For a Category 2 hazard it may act. Failing to comply with an improvement notice is an offence punishable by an unlimited fine. The council can instead impose a financial penalty.

From 22 June 2026, a council that first takes enforcement action over a Category 1 hazard you could reasonably have removed can also impose a financial penalty of up to £7,000.

Local authority housing enforcement penalties

Civil penalties and enforcement powers for housing standards breaches.

Local authorities have enforcement powers under the Housing Act 2004 running parallel to tenant court action rights under the 2018 Act.

Local authority powers:

HHSRS inspection: For inspections begun on or after 23 June 2026, assess against 21 consolidated hazard categories using High, Medium and Low bands
Improvement notice: Require landlord to complete specified repairs
Civil penalty: Up to £40,000 for serious housing offences (from 1 May 2026)
Prohibition order: Prohibit use of property until remedied
Rogue landlord database: Listing for worst offenders
Banning order: Potentially lifetime ban for serious offenders

Maximum civil penalty: £40,000 (from 1 May 2026)
Category 1 hazard: Local authority must take action
Category 2 hazard: Local authority may take action
Dual enforcement: Tenant can pursue court action AND report to council

Legal basis

Primary legislation and key regulations

ERA 2025 Primary 2025 · UK-wide Homes (Fitness for Human Habitation) Act 2018 Primary 2018 · UK-wide Housing Act 2004 Primary 2004 · UK-wide LTA 1985 Primary 1985 · UK-wide Limitation Act 1980 Primary 1980 · UK-wide The Housing Health and Safety Rating System (England) (Amendment) Regulations 2026 SI 2026 · England The Housing Health and Safety Rating System (England) Regulations 2005 SI 2005 · England

Browse UK legislation legislation.gov.uk

Official guidance

Housing Health and Safety Rating System (HHSRS) guidance (opens in a new tab)

GOV.UK · England

Housing Health and Safety Rating System (HHSRS): Landlord and agent guide (opens in a new tab)

MHCLG · England

Local government FAQs be right. What is HSE doing to tackle these myths about health and safety rules? (opens in a new tab)

HSE · Great Britain

Keep a rented home fit for human habitation

What the duty requires

How fitness is judged

Inspect and put problems right

Check the home before each let

Inspect during the tenancy

Act on reports promptly

Keep the home free of Category 1 hazards

What happens if the home is unfit

Legal basis

Official guidance

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