A safe, secure home isn’t a luxury, it’s a basic legal right. If you rent from a council or housing association, your landlord has a clear duty to make sure your home meets minimum living standards. When those standards aren’t met and the property becomes unsafe or harmful to live in, the law may class it as unfit for human habitation.
In this guide, ‘What Makes a Property Unfit for Human Habitation?’, our Housing Disrepair specialists explain what that actually means, the conditions that can make a home unfit, your rights as a tenant, and what you can do if your landlord isn’t taking action.
What Does “Unfit for Human Habitation” Really Mean?
In simple terms, a property is unfit for human habitation if it isn’t safe, healthy, or suitable for someone to live in. That could be due to serious disrepair, poor living conditions, or hazards that put your health or safety at risk.
The Homes (Fitness for Human Habitation) Act 2018, which came into force in March 2019, makes it clear: rented homes in England must be fit to live in at the start of the tenancy and remain that way throughout.
If they don’t, the landlord may be breaking the law.
The Legal Standard: Homes (Fitness for Human Habitation) Act 2018
The Homes Act strengthened tenant rights by allowing people to take legal action when their home is genuinely unsafe or unsuitable. It amended the Landlord and Tenant Act 1985 and set out clear standards landlords must meet.
Issues that can render a property unfit include:
- Serious damp and mould
- Structural instability
- Unsafe or dangerous layout
- Excess cold or extreme heat
- Poor natural light
- Inadequate ventilation
- Problems with water supply
- Drainage or sanitation failures
- Unsafe electrical wiring
- Fire risks or carbon monoxide hazards
- Vermin or pest infestations
A single serious issue, or a combination of smaller ones, may be enough for a property to be legally classed as unfit.
How Councils Assess Risk: The HHSRS
Local authorities use the Housing Health and Safety Rating System (HHSRS) to assess conditions in residential properties. This system looks at 29 potential hazards and evaluates how likely they are to cause harm.
Common risk categories include:
- Damp and mould
- Excess cold or heat
- Overcrowding and lack of space
- Poor sanitation or drainage
- Falls, electrical hazards, fire risks, and structural collapse
If serious hazards are identified, the council can take enforcement action against the landlord — including issuing repair notices or restricting the use of the property.
Common Examples of Unfit Living Conditions
In practice, a property may be unfit if it suffers from issues such as:
- Ongoing damp or mould that triggers breathing problems or illness
- No working heating during colder months
- Broken doors or rotten windows allowing draughts and water ingress
- Crumbling walls or ceilings at risk of collapse
- Rodent or insect infestations caused by disrepair
- No reliable access to hot water, cooking, or washing facilities
- Exposed wiring or unsafe electrics
These problems go far beyond inconvenience, they can seriously affect your health, safety, and quality of life.
Who Is Legally Responsible?
In almost all cases, responsibility sits with the landlord. For council and housing association tenants, that means the local authority or registered housing provider.
Landlords can’t avoid liability simply by claiming they weren’t told, although it’s always important to report issues promptly and keep a clear paper trail.
Your Rights as a Tenant
If your home is unfit for human habitation, you have the right to:
- Ask your landlord to carry out urgent repairs
- Use the landlord’s formal complaints process
- Report serious hazards to environmental health
- Take legal action under the Homes Act
You may also be entitled to compensation for harm to your health, distress, loss of enjoyment of your home, and damage to personal belongings.
For further information, you can read our previous article on how to gather evidence for a Housing Disrepair claim.
Taking Legal Action: Enforcing the Homes Act
If your landlord ignores repeated complaints, you can bring a claim under the Homes (Fitness for Human Habitation) Act without waiting for the council to intervene.
If successful, the court can:
- Order the landlord to complete repairs
- Award financial compensation
- Require the landlord to cover your legal costs
The law gives tenants real power to hold landlords accountable.
At MJV Solicitors, we handle everything on a No Win, No Fee basis. Visit our website for more information about how to start your claim for Housing Disrepair.
Case Example: No Heating, Mould, and Unsafe Electrics
A housing association tenant in Birmingham lived without working central heating for more than a year. The property also had black mould, leaking pipes, and exposed electrical wiring. Despite repeated reports, the landlord failed to act.
With legal support, the tenant brought a claim under the Homes Act and achieved:
- Court-ordered repairs
- £7,500 in compensation
- Legal costs paid by the landlord
Read about some of our other case examples:
- Leaseholder Wins £16,800 Compensation Over Damp, Leaks, and Failed Repairs.
- Lewisham Tenant Wins £8,000 Compensation.
- Leaks, Damp and Mould in Council Flat: How We Helped a Croydon Tenant Claim Over £14,000.
How to Strengthen Your Claim
If you’re dealing with unfit conditions, a few practical steps can make a big difference:
- Keep evidence – Take clear, dated photos and videos.
- Report issues in writing – Emails and online portals create a reliable record.
- Seek medical advice – If your health is affected, GP records can be crucial.
- Get legal advice early – A specialist housing disrepair solicitor can assess your case properly.
Final Thoughts
Living in an unfit home isn’t just uncomfortable, it’s unlawful. Tenants have strong legal protections, and there are clear routes to getting repairs and compensation. If your landlord is failing to provide a safe place to live, you don’t have to accept it.
Need Help With a Disrepair Issue?
If you’re living in council or housing association accommodation and dealing with serious repair problems, MJV Solicitors can help. We specialise in housing disrepair claims and offer free initial advice.
Get in Touch Now for a Free Case Assessment
At MJV Solicitors, we help tenants take action when landlords fail to maintain safe and healthy properties. If you or a loved one’s health is being affected by disrepair, contact us today for specialist advice and support.
- Call us on 01253 858231
- Visit our website for more information about how to start your claim for Housing Disrepair
This article is for general information only and does not constitute legal advice.
