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11 September 2026
Issue: 8176 / Categories: Legal News , Landlord&tenant , Property , Housing , Health & safety
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NLJ this week: A wider test for unsafe homes

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© Getty images
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

Writing in NLJ this week, Professor Sukhninder Panesar, head of law at Buckinghamshire New University, examines Harvey v Heaver. The case concerned a rented home affected by damp and mould, severe cold, damaged asbestos ceilings, rodent infestation and a defective septic tank. It is the first authoritative ruling on the amended fitness-for-human-habitation provisions in the Landlord and Tenant Act 1985.

The court drew on private-law, public-law, statutory-nuisance and defective-premises principles, concluding that ‘fitness has two distinct components’. The decision distinguishes the repair duty under s 11 from the broader fitness obligation under s 9A. Tenants can seek both damages and specific performance, while landlords face a high evidential hurdle if alleging that occupiers’ lifestyles caused the defects.

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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