Landlord and Tenant Act 1985

10 Fitness for human habitation.E+W

[F1(1)]In determining for the purposes of this Act whether a house [F2or dwelling] is unfit for human habitation, regard shall be had to its condition in respect of the following matters—

  • repair,

  • stability,

  • freedom from damp,

  • internal arrangement,

  • natural lighting,

  • ventilation,

  • water supply,

  • drainage and sanitary conveniences,

  • facilities for preparation and cooking of food and for the disposal of waste water;

  • [F3in relation to a dwelling in England, any prescribed hazard;]

and the house [F2or dwelling] shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

[F4(2)In subsection (1) “prescribed hazard” means any matter or circumstance amounting to a hazard for the time being prescribed in regulations made by the Secretary of State under section 2 of the Housing Act 2004.

(3)The definition of “hazard” in section 2(1) of the Housing Act 2004 applies for the purposes of subsection (2) as though the reference to a potential occupier were omitted.]

Textual Amendments

F1S. 10 renumbered as s. 10(1) (20.3.2019) by Homes (Fitness for Human Habitation) Act 2018 (c. 34), ss. 1(4)(a), 2(2)