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A recent case clarifies the ‘human habitation’ test & sets out the remedies, writes Professor Sukhninder Panesar
- Covers High Court case of Harvey v Heaver, on the meaning of ‘fitness for human habitation’ in landlord and tenant law.
- Considers the implications of Harvey for landlord-tenant disputes.
The High Court delivered in early July a long awaited and authoritative decision on the meaning of ‘fitness for human habitation’ for the purposes of the implied covenant found in s 9 of the Landlord and Tenant Act 1985 (LTA 1985), as amended by the Homes (Fitness for Human Habitation) Act 2018 (the 2018 Act). Despite the seven years since the coming into force of the amended LTA 1985, there had been no authoritative decision of what constitutes ‘fitness for human habitation’ for the purposes of the implied obligation in the amended provisions on LTA 1985. The decision of Paul Bowen KC, sitting as deputy judge in the King’s Bench Division of the High Court, in Harvey and
