In March 2018 the "Homes Act" came into force which amended the prior 'Landlord and Tenant' Act of 1985'. The intention of the Act is to protect the health and safety of tenants by ensuring all tenanted properties both social and private are suitable for human habitation by maintaining decent standards which do not place the health and safety of the tenants at risk. This applies both at the start of the tenancy and throughout its duration.
The new Act, however, goes beyond the parameters of the prior 'Landlord and Tenant' Act and now provides power for tenants to take legal action against landlords without having to wait for the Council or Environmental Health.
The vast majority of landlords already take their responsibilities and tenants' risk to health seriously. The act merely means to impose upon those who do not. It is important to mention, whilst landlords have a responsibility to ensure that properties are provided with adequate means of ventilation and are free from damp. It is the tenant's responsibility to ensure that facilities provided are used, and that they themselves are not contributory to the problem.
That's why an impartial pre-tenancy survey can help protect both parties.
So, what constitutes as 'unfit' for human habitation?
A property is classified as unfit for human habitation if it achieves a category one hazard in one or more of the following:
Under the new Homes Act, if one or more of the above are considered a serious category one defect landlords have a legal obligation to correct them. Even if some complaints do not meet a category one under the HHSRS risk assessment they may still be considered a ''Statutory Nuisance' and can be reported to the local council for an abatement notice.
There are however some exceptions where a landlord's responsibilities cease:
Dryfix provide professional damp surveys and repairs throughout North Yorkshire, covering York, Harrogate and Leeds.
Our surveys are undertaken by our own experienced and qualified surveyors who have been independently trained and examined by our leading industry bodies proving their knowledge and expertise. Our surveyors carry the latest in inspection and diagnostic equipment so, whether your problem is caused by penetrating damp, rising damp or an escape of water event, you can be sure of correct diagnosis.
Our reports are bespoke and contain a comprehensive assessment of the problems identified during our survey. All reports include our diagnosis, damage appraisal, recommendations, repair specifications and costs for repairs, if necessary.
Edited pictures along with category damage ratings are also included to assist your understanding about the urgency of any repairs needed.
Our reports are available in both printed media and/or secure electronic portable documents (PDF) for email.
If you suspect a problem and require a survey, or simply need advice please contact us.