Just before Christmas, on 20 December 2018, the Homes (Fitness for Human Habitation) Bill received its Royal Assent. This Bill (FFHH) makes changes to the Landlord and Tenant Act 1985 to require that all landlords ensure that residential properties are kept in a condition fit for human habitation both before they are let and during a tenancy. This will apply to all social and private sector tenancies, but in England only.

Application
The Act comes into force three months after it has been passed, on 20 March 2019. However, it will only apply to tenancies made after that date so any tenancy entered into before 20 March (i.e. signed by both parties and executed) will not be covered by the legislation initially even if the actual occupation begins after 20 March.

Any tenancy that is newly granted, is renewed, or comes into existence after 20 March will be covered by the legislation immediately. Tenancies which were periodic before 20 March 2019 will not be covered by the new provisions until 20 March 2020 so they effectively have 12 months grace.

The legislation will not affect tenancies which are on longer fixed terms starting before 20 March 2018 and carrying on for an extended period (such as 18 or 24 months) until those tenancies are renewed or become periodic.

Exemptions & obligations
There are a few exemptions from the legislation. Tenancies that are for more than seven years are not covered by FFHH and are exempt from s11 repairing obligations as well. However, this cannot be cheated and a tenancy for seven years with a break clause at two years will be treated as a two year tenancy unless the break clause is for the tenant only.