Housing law practitioners will welcome a significant new High Court decision that provides the first detailed judicial guidance on section 9A of the Landlord and Tenant Act 1985 and the concept of “fitness for human habitation”.

In this insightful article, Ethan Riley examines the implications of Harvey v Heaver, a case that is likely to shape the future of housing conditions litigation. The judgment offers much-needed clarity on when a property can be considered unfit for human habitation, the role of damp and mould claims, and the growing importance of HHSRS hazards in assessing landlords’ obligations.

The article highlights:

• The High Court’s first comprehensive analysis of section 9A and the Homes (Fitness for Human Habitation) Act 2018.
• The key legal tests that courts will apply when determining whether a property is fit to live in.
• Why risk to health and safety is not the only factor; comfort and convenience can also be decisive.
• The significance of prescribed hazards and local authority assessments in future claims.
• Important practical lessons for housing litigators arising from the defendant’s unsuccessful attempt to amend their case at trial.

Ethan provides a clear and practical analysis of this important decision, the article is essential reading for solicitors, barristers, housing professionals, landlords and tenant representatives alike.

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