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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

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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