What does Unfit for Habitation Mean?
This is a judgment from a Circuit Judge about what it means for a home to be unfit for people to live in, based on specific laws. It seems to be the first time this issue has been discussed at this level. The company involved, Red Kite, tried to appeal the decision but was refused, so they might take it to a higher court.
Background: Ms. Jillians has been a tenant of a three-bedroom house since May 2013. When she moved in, she had eight children; by 2018, she had seven, and by 2021, she had six.
Ms. Jillians claimed that her landlord, Red Kite, did not keep the house in good condition as required by law. An expert found several problems, including:
Bedrooms: Mould growth.
Bathroom: Mould and a faulty electric shower.
Kitchen: Water damage and dampness, plus a faulty socket.
Exterior: A broken rear door and damaged fencing.
Red Kite defended itself by saying Ms. Jillians hadn't reported these problems properly, didn't allow access for repairs, and that the house wasn't unfit because of how many people lived there. They also claimed she owed them money for damages.
Counterclaim: Red Kite claimed Ms. Jillians owed them over £3,200 for repairs they said were due to her actions. However, during questioning, it was revealed that Red Kite hadn’t followed its own rules on charging for repairs and hadn’t properly informed Ms. Jillians about any charges. The court dismissed this claim entirely.
Main Claim: Ms. Jillians said she repeatedly reported the mould and damp issues over the years. Red Kite had no records to back up their claims that she hadn’t reported the problems. The judge accepted that Ms. Jillians had indeed reported these issues multiple times.
Expert Evidence: An expert identified the problems, such as poor insulation and leaks, that contributed to the mould. While Red Kite’s expert noted similar issues, they blamed Ms. Jillians’ lifestyle for the mould. However, Ms. Jillians maintained she followed the recommended practices to prevent mould, but it continued to worsen.
Tenant Conduct: Red Kite knew how many people lived in the house when they signed the tenancy agreement and couldn’t claim overcrowding as a problem. Even if there were occasional refusals for access, Red Kite had delayed necessary repairs.
Conclusion: The judge used other legal cases to define what "unfit" means for a home. They determined that the criteria for being “fit for habitation” should be based on the health and safety of the people living there.
