Fit for human habitation: what Section 9A and the Homes Act 2018 require

In England, the fitness duty for rented homes is mainly Section 9A of the Landlord and Tenant Act 1985, inserted by the Homes (Fitness for Human Habitation) Act 2018. The same words do not govern Wales, Scotland or Northern Ireland, which use their own housing-condition regimes.

What law requires a rented home to be fit for human habitation?

In England, Section 9A of the Landlord and Tenant Act 1985 requires many rented homes to be fit for human habitation at the start of the tenancy and to remain fit during it. The Homes (Fitness for Human Habitation) Act 2018 inserted that Section 9A covenant, and government guidance says, “The Act came into force on 20 March 2019.” The important correction for landlords using a guide to the Homes (Fitness for Human Habitation) Act 2018 is that MHCLG says, “There are no new obligations for landlords under this Act”; Section 9A is mainly a tenant’s direct route to court for existing property-standard failures, not a new physical standard. Wales uses Renting Homes (Wales) Act 2016 s.91, a fundamental term for relevant occupation contracts; Scotland uses the repairing standard in Housing (Scotland) Act 2006 ss.13–14; Northern Ireland uses the Article 46 fitness standard through council enforcement rather than an England-style Section 9A claim.

What does 'fit for human habitation' actually require?

In England, fit for human habitation does not mean a fixed 29-hazard checklist: Section 10 of the Landlord and Tenant Act 1985 incorporates whatever hazards are prescribed under Housing Act 2004 s.2, and defines a “prescribed hazard” as “any matter or circumstance amounting to a hazard for the time being prescribed in regulations made by the Secretary of State under section 2 of the Housing Act 2004.” A property is unfit only where defects in the Section 10 matters make it not reasonably suitable for occupation, and government guidance adds that “A Housing Health and Safety Rating System (HHSRS) assessment is not necessary.” A practical fitness for human habitation checklist should cover damp, ventilation, water supply, drainage, sanitation, food preparation, lighting, heating, structure, fire and other prescribed hazards, but the court decides the result: “It is for the courts to decide whether the dwelling is fit for human habitation.” Wales has its own 2022 fitness regulations; Scotland’s test is whether the house is wind and watertight and reasonably fit; Northern Ireland requires the authority’s opinion that the house is not reasonably suitable for occupation.

How does Section 9A differ from Section 11?

Section 9A is an England-only fitness covenant, while Section 11 is a repairing covenant for structure, exterior and specified installations, so a landlord can breach Section 9A even where the case is not simply about repairing something that has fallen into disrepair. Section 11 says “there is implied a covenant by the lessor” to repair, and the standard of repair is judged by “the age, character and prospective life of the dwelling-house and the locality in which it is situated.” Section 9A and Section 11 of the Landlord and Tenant Act 1985 therefore overlap but are not the same: Section 11 is about keeping listed parts and installations in repair, while Section 9A asks whether the dwelling is fit for occupation. Shelter’s professional guidance puts the practical distinction clearly: “The landlord might need to make improvements to the property as well as carrying out repairs to remedy a defect.” Wales separates fitness and repair under Renting Homes (Wales) Act 2016 ss.91–92; Scotland has the repairing standard; Northern Ireland’s private-tenancy repair duty includes keeping the interior in repair.

Does damp or mould make a property unfit?

Damp or mould can make a rented home unfit in England, but only where the damp, mould or associated hazard is serious enough that the dwelling is not reasonably suitable for occupation, not merely because mould is present. Government damp-and-mould guidance says Section 9A requires properties to be “free of hazards, including damp and mould, which are so serious that the dwelling is not reasonably suitable for occupation in that condition.” Damp and mould are part of the prescribed hazard framework: the regulations list “Exposure to house dust mites, damp, mould or fungal growths.” Awaab’s Law does not change this test for private lets: from 27 October 2025 it applies to social homes only, and the regulation defines a significant hazard “in relation to a social home.” In Wales, damp and mould exposure is a listed fitness matter; in Scotland the tolerable-standard limb requires the house to be “substantially free from rising or penetrating damp”; in Northern Ireland, Article 46 includes being “free from dampness prejudicial to the health of the occupants.”

What is the pre-action protocol for housing conditions claims?

The Pre-Action Protocol for Housing Conditions Claims applies to residential property in England, including disrepair and Section 9A fitness claims, and it says plainly: “This Protocol applies to residential property situated in England.” For a landlord receiving a Letter of Claim, the central deadline is 20 working days: “The landlord should normally reply to the Letter of Claim within 20 working days of receipt.” If the landlord does not reply in time, the protocol says, “Failure to respond within 20 working days of receipt of the Letter of Claim or at all, is a breach of the Protocol … and the tenant is then free to issue proceedings.” The Ministry of Justice also explains why Section 9A is now in the protocol: “It has been revised to embrace claims based on the new section 9A in Landlord and Tenant Act 1985 … which applies only in England.” Wales has its own housing-disrepair protocol; Scotland requires notification before a repairing-standard application; Northern Ireland’s private rented fitness route is council-enforced rather than this CPR protocol.

Last reviewed August 2026.

Sources

• Landlord and Tenant Act 1985 s.9A — “In a lease to which this section applies of a dwelling in England (see section 9B), there is implied a covenant by the lessor that the dwelling—” Source
• GOV.UK, Guide for landlords: Homes (Fitness for Human Habitation) Act 2018 — “There are no new obligations for landlords under this Act; the legislation requires landlords to ensure that they are meeting their existing responsibilities with regards to property standards and safety.” Source
• GOV.UK, Guide for landlords: Homes (Fitness for Human Habitation) Act 2018 — “The Act came into force on 20 March 2019.” Source
• Renting Homes (Wales) Act 2016 s.91 — “This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.” Source
• Housing (Scotland) Act 2006 s.14 — “The landlord in a tenancy must ensure that the house meets the repairing standard—” Source
• Housing (Northern Ireland) Order 2006 art.17 — “Article 46 of the Housing (Northern Ireland) Order 1981 (NI 3) (standard of fitness for human habitation) shall apply in determining for the purposes of this Order whether a dwelling-house is fit for human habitation.” Source
• Landlord and Tenant Act 1985 s.10 — “In subsection (1) ‘prescribed hazard’ means any matter or circumstance amounting to a hazard for the time being prescribed in regulations made by the Secretary of State under section 2 of the Housing Act 2004.” Source
• GOV.UK, Guide for landlords: Homes (Fitness for Human Habitation) Act 2018 — “A Housing Health and Safety Rating System (HHSRS) assessment is not necessary.” Source
• GOV.UK, Guide for landlords: Homes (Fitness for Human Habitation) Act 2018 — “It is for the courts to decide whether the dwelling is fit for human habitation.” Source
• Housing (Scotland) Act 2006 s.13 — “(a)the house is wind and water tight and in all other respects reasonably fit for human habitation,” Source
• Housing (Northern Ireland) Order 1981 art.46 — “Subject to paragraph (2), a house is fit for human habitation for the purposes of this Order unless, in the opinion of the Executive, it fails to meet one or more of the requirements in sub-paragraphs (a) to (i) and, by reason of that failure, is not reasonbly suitable for occupation—” Source
• Landlord and Tenant Act 1985 s.11 — “In determining the standard of repair required by the lessor’s repairing covenant, regard shall be had to the age, character and prospective life of the dwelling-house and the locality in which it is situated.” Source
• Shelter, Fitness for habitation in rented homes — “The landlord might need to make improvements to the property as well as carrying out repairs to remedy a defect.” Source
• Renting Homes (Wales) Act 2016 s.92 — “This section is a fundamental provision which is incorporated as a term of all secure contracts, all periodic standard contracts, and all fixed term standard contracts made for a term of less than seven years.” Source
• Housing (Northern Ireland) Order 2006 art.7 — “(b)shall, subject to Article 8, keep in repair the interior of the dwelling-house;” Source
• GOV.UK, Understanding and addressing the health risks of damp and mould in the home — “New provisions in the Landlord and Tenant Act 1985 added by the Homes (Fitness for Human Habitation) Act 2018 require that properties are free of hazards, including damp and mould, which are so serious that the dwelling is not reasonably suitable for occupation in that condition.” Source
• Housing Health and Safety Rating System (England) Regulations 2005 sch.1 — “1. Exposure to house dust mites, damp, mould or fungal growths.” Source
• Social Housing (Regulation) Act 2023 (Commencement No. 4 and Transitional Provision) Regulations 2025 reg.3 — “(a)‘significant hazard’ means, in relation to a social home, a relevant hazard that poses a significant risk of harm to the health or safety of an occupier of the social home;” Source
• Social Housing (Regulation) Act 2023 (Commencement No. 4 and Transitional Provision) Regulations 2025 reg.1 — “These Regulations come into force on 27th October 2025.” Source
• The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 sch. — “1. Exposure to house dust mites, damp, mould or fungal growths.” Source
• Housing (Scotland) Act 1987 s.86 — “(b)is substantially free from rising or penetrating damp;” Source
• Housing (Northern Ireland) Order 1981 art.46 — “(c)it is free from dampness prejudicial to the health of the occupants (if any);” Source
• Pre-Action Protocol for Housing Conditions Claims — “This Protocol applies to residential property situated in England.” Source
• Pre-Action Protocol for Housing Conditions Claims — “The landlord should normally reply to the Letter of Claim within 20 working days of receipt.” Source
• Pre-Action Protocol for Housing Conditions Claims — “Failure to respond within 20 working days of receipt of the Letter of Claim or at all, is a breach of the Protocol (see paragraph 1.3) and the tenant is then free to issue proceedings.” Source
• Pre-Action Protocol for Housing Conditions Claims — “It has been revised to embrace claims based on the new section 9A in Landlord and Tenant Act 1985 (implied term as to fitness for human habitation) which applies only in England.” Source
• Pre-Action Protocol for Housing Disrepair Cases (Wales) — “This Protocol applies to residential property situated in Wales.” Source
• Housing (Scotland) Act 2006 s.22 — “No application under this section may be made unless the person making the application has notified the landlord that work requires to be carried out for the purpose of complying with that duty.” Source