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There is now more new legislation in the form of the Homes (Fitness for Human Habitation) Act 2018 which is now law. It creates a new duty on all residential landlords under s10 of the Act (repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences) by implying a covenant (promise) into a residential tenancy to ensure that the property is fit for human habitation at the beginning of the tenancy and throughout. The term ‘fitness for human habitation’ is defined in the Landlord and Tenant Act 1985 which states that ‘a property is to be regarded as unfit for human habitation if it is “so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition”.

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