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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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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.

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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