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What Is Fitness for Human Habitation - FFHH?
Saturday 26th November 2022
Resco
Making the properties safe, healthy, and comfortable for living should be the goal of every good landlord
In the UK, the process is also covered legally by the Homes (Fitness for Human Habitation) act. It came into force in 2019, and besides giving more rights to tenants, it was also highly supported by landlords' associations, too.
So, what criteria do landlords have to meet? What is defined as uninhabitable living conditions? What are the penalties if a property doesn't comply? And how to effectively inspect flats and houses to make them ready for tenants?
What is the Fitness for Human Habitation (FFHH) act?
In short, the Homes FFHH act makes it mandatory for landlords to ensure that rented houses and flats are safe and secure for living.
This act doesn't just point out flaws in the property. It also forces the court to declare a habitat unfit for the tenancy to avoid any potential mishap.
This applies for the entire duration of a tenancy.
If the set criteria are not met, tenants can sue their landlords. The landlords can then be obliged by court to fix all issues or pay compensation to their tenants.
Tenant suing landlord comes under an act named Implied Covenant, which gives tenants the right to file a legal action against the landlord directly to the local housing authority. So, if the authority finds the tenant's claim to be true, it will carry the matter to the court itself.
The act was introduced on March 20, 2019, as an extension of the Landlord and Tenant Act 1985. It is applied to any residential contract with less than 7 years of the Enforcement date or any fixed tenancy that turned periodic after it.
The act is also applied to any currently active periodic tenancies.
The necessity of this act was felt after the Grenfell Tower fire incident when a fire from an electrical fault in a refrigerator burnt down the 24-story residential building. It was the UK's worst residential fire after WWII, which caused 72 deaths.
What are the criteria that define uninhabitable living conditions in the FFHH act?
Landlords have to ensure that the property meets the criteria set by the Landlord and Tenant Act 1985 and the Housing Health and Safety Rating System (HHSRS). Key matters that a court can consider are:
- The building has been neglected and is in a bad condition
- The building is unstable
- There's a serious problem with damp
- It has an unsafe layout
- There's not enough natural light
- There's not enough ventilation
- There is a problem with the supply of hot and cold water
- There are problems with the drainage or the lavatories
- It's difficult to prepare and cook food or wash up
Other problems that a tenant could face and the landlord should take care of are mentioned below with brief details:
1. Food safety
Food safety problems include tenants' difficulties while storing, preparing, or cooking food. The issues can be caused by a damaged sink that restricts proper cleaning or a humid environment that can cause fungal, mould, or mildew growth.
2. Water supply
It involves any restriction in the consistent water supply that may affect the cleaning, cooking, washing, drinking, or sanitation process. The issue may be caused by a faulty pipeline or any problem with the storage tanks.
3. Domestic hygiene, pests, and refuse (including all disposal of household and water waste)
The section addresses any unhygienic circumstances that can cause infection to the habitants. The problem may arise due to inadequate use of insecticides or pest control spray, potential entry of rodents or insect, damaged brickwork, or broken windows.
4. Crowding and space
The crowding and space issue involves the insufficient provision of area for personal space, which primarily directs toward structural and design flaws. A lack of space in crowded conditions or public gatherings also comes under this section.
5. Noise
Unnecessary noise from the environment is a threat to mental health. Every improper measure for sound insulation from neighbours or surroundings, which can cause inconvenience is subjected to this category.
6. Excess cold
These are any threats to physical or mental health when the temperature falls below a comfortable level. It can be caused by any seasonal change, calamity, poor insulation, or absence of an operative heating system.
7. Excess heat
There can be a threat to physical or mental health when the temperature goes above a comfortable level. The issue can arise due to poor ventilation, improper cooling system, too many south-facing windows, or insufficient measures to address hot weather.
8. Damp & mould growth
Issues like mould, mildew, fungal growth, or dust mites due to dampness or humidity. These biological intruders can cause infection and health complications in the inhabitants. Their growth can result from poor ventilation or inadequate conditions to control humidity.
9. Biocides
It involves threats to residents' health by chemicals to treat fungus or mould. It can be caused by inhaling, swallowing, or skin contact with the chemicals.
10. Asbestos and manufactured mineral fibers
Issues arising from airborne Asbestos and Manufactured Mineral Fibers. The materials were used as the coating and insulation of buildings during the time period of 1945-1980. Any complication from exposure to these fibers falls under this category.
11. Lead
The lead sources in housing are paints, water pipes, or industries near the residential area. Lead traces can also affect tenants living near a busy road, with the traffic exhausting smoke of leaded petrol. Problems from lead arise by inhalation of its fumes as it is toxic to humans.
12. Fuel combustion products
Fuel combustion products can cause health issues by inhalation of carbon monoxide, sulphur dioxide, nitrogen dioxide, and smoke. All these products are toxic and life-threatening. The causes for their emission are partial combustion of fuel, gas, oil, and solid fuels.
13. Radon gas radiation from airborne or water
Radon gas is formed by Uranium's radioactive decay in rocks and soil. Its trace amount is present airborne or in water. The unit for its measurement is Becquerels per cubic metre (Bqm-3) in air, and the average level in the UK is 20 Bqm-3. Any residence with 100+ Bqm-3 is concerning and hazardous.
14. Uncombusted fuel gas leaks
Any fuel gas emissions from a leaking pipe or junction fall under this section. The threat is hazardous in the form of a leakage in a kitchen appliance like a stove, gas heater, or geyser.
15. Volatile organic compounds
Volatile organic compounds (VOCs) are typically sublime materials that are gaseous at room temperature, mostly found in newly built homes. Tenants can experience high VOC exposure from paints, glues, plywood, chipboard, solvents, and urea formaldehyde foam insulation (UFFI), which is adverse for health.
16. Potential intruder's entry
This category addresses the entry of an intruder due to low-security measures, threatening life or possessions. It can happen due to housing location (in a region with a high crime rate), improper security measures, poor conditions of doors/windows, and the absence of alarm systems.
17. Lighting
It includes mental or physical health threats due to insufficient natural or artificial lighting. Inhabitants can face complications like vision issues, mental stress due to strain in eyes, or potential intruder's entry mentioned above.
18. Personal hygiene, sanitation, and drainage
Any issue due to:
Infections
Inappropriate sanitation and drainage
Lack of proper cleaning measurements
Threats to mental health due to the above-stated conditions
A lack of facilities that restrict excessive sharing and improper discharge of fluids can be the primary cause.
19. Falls associated with bath and shower
It encounters all the risks and threats to physical health from falling in the bathroom or shower. The fall can be on the same level or from higher ground. Mostly the inappropriate placement of the bathtub or shower in the bathroom can cause inconvenience or hindrance.
20. Danger of falling from stairs and steps
Falling risk of an individual to a surface with a change in the level of more than 300 mm between grounds. Any kind of fall from stairs and ramps inside or outside the house is considered under this category.
21. Falling on a flat surface
It involves the risk of falling on the floor, yard, path, walkways, or corridors. This threat is applied to the fall that occurs between grounds with a change of level below 300 mm.
22. The danger of falling from one story to another or ground, like out of windows
It is the risk to physical health or life by falling from a ground more than 300 mm above the landing surface. It contains falling from the window, balcony, or roof inside or outside the building. Falls from stairs, steps, ramps, or ladders don't count under this section.
23. Structural collapse & unstable housing elements
The collapse probability of the entire building or a part of it is considered as a potential risk to life. It can be due to improper fixation, repair, or mild natural calamity.
24. Physical strain while working on amenities
These are the physical strain due to different operations regarding the house's functionality. The strains can occur while working on heavy doors, poorly sliding windows, or moving any other residence amenities.
25. Fire and fire safety
It regards any threats of life by (accidental) fires or smoke. The uncontrolled fire caused by the ignition of the fuel, solid fuel, in the kitchen or by a short circuit in any electrical appliance is counted in this section.
26. Explosions
The risk of life due to an explosion or debris created by it. In other words, any injury or death by partial or entire building collapse due to the explosion is also addressed here.
27. Electrical hazards
The issues may occur due to electrical shock or burns by an electrical appliance. However, the burning due to flames created from an electrical failure is not considered under this category.
28. Hot surfaces & materials
These are the problems from hot surfaces and materials that can cause burns, scalds, or bruises. They can be caused by skin contact with flames or hot materials like solids, water or non-water-based liquids, or vapours.
29. Collision & entrapment
It involves threats of trapping a body part(s) in any part of the house, such as doors or windows. It also contains an injury by potential collision with any feature, like doors, windows, walls, low ceilings, or other surfaces.
If the condition doesn't meet any of the required criteria, the tenants should inform their landlord. Afterward, the landlord is considered responsible for the repair and should fix it as soon as possible, as stated in the act.
There are some exceptions when the landlord won't be as responsible for the fix. These situations include:
The tenant has behaved irresponsibly or illegally and created a problem
The problem is due to any natural or unforeseen phenomenon (often referred to as "act of God"), like an earthquake, flood, storm, or tsunami
Anything in possession of the tenant causes the problem
The owner doesn't get permission (yet) from the property owner for the repair
If the rental is not issued to an individual but, for example, to a local authority or educational institution
Moreover, if tenants know about some issue and haven't inform the landlord, it's advised to tell him immediately. We recommend inform in written form, such as a text, letter, or email, that tenant can use as proof for contacting.
The FFHH act is in force for just three years now, but the benefits and rights it brings to tenants are already visible. It is yet another push to further increase the industry standards, rather than a scary regulation.
Landlords; don't find yourself falling foul of this legislation. Affinity provide HHSRS Risk Assessments before every tenant takes up occupation as included in our set fees.
Looking for a letting agent in Bletchley, Milton Keynes and Surrounding Areas? Contact AFFINITY today.