Expert Witness – The Fitness For Habitation Act

We undertake Independent Expert Witness work in relation to the Fitness for Habitation Act. We have the experience and competence to undertake robust evidence based surveys.

On 20 March 2019 a new law came into force to make sure that rented houses and flats are ‘fit for human habitation’, which means that they are safe, healthy and free from things that could cause serious harm. This Act requires:

  • that landlords must ensure that any dwelling they rent out is free of hazards from which a risk of harm may arise to the health or safety of the tenant or another occupier of the property. This requirement applies from the outset and for the duration of the tenancy; and
  • where a landlord fails to do so, the tenant has the right to take action in the courts for breach of contract on the grounds that the property is unfit for human habitation. The remedies available to the tenant will include an order by the court requiring the landlord to reduce or remove the hazard and damages to compensate the tenant for having to live in a property which was not fit for human habitation.

Damp Issues

One of the most common reasons that tenants complain about their rental properties is because of damp issues. Unfortunately many of the claims made are based on inadequate surveys of the buildings.

We carry out many damp surveys on tenanted properties and can offer specialist advice on the Fitness for Habitation Act.

We act for many Solicitors and Local Authorities and can provide detailed and robust surveys.

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