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.
