15th July 2026
Click here for the full article by Elizabeth England examining the decision in Harvey v Heaver [2026] EWHC 1671 (KB).
The article considers the judgment handed down on 3 July 2026, in which the High Court was asked to determine fitness for habitation on the basis of uncontested evidence from a single joint expert.
The High Court was not invited to consider historic fitness, liability under s.11 of the Landlord and Tenant Act 1985 or any other head of claim, nor damages. The decision is therefore extremely useful on a narrow point: how to determine whether a property is unfit for human habitation.