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Homes Fit for Human Habitation

Claims management firms are scouting the market looking for potential clients to sue landlords who rent out homes that are deemed unfit for human habitation.  One such business is Manchester based AWH Legal, which was set up with the backing of a US investment fund in 2017 with the specific aim of acquiring personal injury focused law firms.  It has broadened its focus to include the pursuit of housing grievances on behalf of tenants.

An FHHA landing page on its website states: “The new act has made it easier for you to pursue a claim against your landlord for making you live in a state of disrepair and we can help.”

With the activity of legal campaigners talking to public about their recourse through the act, landlords can expect to see a rise in compensation claims.

Fit for Human Habitation is defined within the amended section 10 of the Landlord and Tenant Act 1985 and includes:

  • Where the building is neglected and in bad condition
  • Where the building is unstable
  • Serious damp problems
  • Unsafe layout
  • Insufficient natural light
  • Insufficient ventilation
  • Problems with the supply of hot and cold water
  • Problems with drainage of lavatories
  • Difficulty in preparing and cooking food or washing up

Properties will also be deemed unfit for human habitation if it is subject to any of the 29 ‘hazards’ set out in Schedule 1 of the Housing Health and Safety (England) Regulations 2005, which includes:

  • Exposure to house dust mites, damp, mould or fungal growths (Paragraph 1 of Schedule 1)
  • Exposure to low or high temperatures (Paragraphs 2 and 3)
  • A lack of adequate space for living and sleeping (Paragraph 11)
  • Exposure to noise (Paragraph 14)
  • Electrical hazards/exposure to electricity (Paragraph 23)



Bournes Lettings Services provides full property management services to private landlords to protect assets and create long-term sustainable tenancies for our tenants. To learn more, click on the links below:

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