LTA 1985 s. 10

Unfit if not suitable for occupation | LTA 1985 s. 10

Under LTA 1985 s. 10, a dwelling is unfit if defects in damp, repair, or Housing Act 2004 hazards make it not reasonably suitable for occupation.

Official text LTA 1985 s. 10 — United Kingdom

In determining for the purposes of this Act whether a house or 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; in relation to a dwelling in England, any prescribed hazard; and the house or 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. 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. 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.

Text in force at .

Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.

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What it actually says

Section 10 supplies the test the fitness provisions depend on. It lists the matters that regard must be had to: repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences, and facilities for the preparation and cooking of food and the disposal of waste water. For a dwelling in England the list extends to "any prescribed hazard", which subsection (2) defines by reference to the hazards prescribed under section 2 of the Housing Act 2004 - the housing health and safety rating system familiar from council enforcement. That is how excess cold, fire, falls on stairs, damp and mould growth and the other rated hazards became part of the civil fitness standard rather than only a regulator's concern.

The second half of subsection (1) is the part that gets overlooked. The dwelling is unfit "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". So the list is not a checklist of failures; it is a list of headings under which a defect must be serious enough to make the home not reasonably suitable to live in. A single deficiency can be enough if it is bad enough, and several minor ones may not be.

"Internal arrangement" is worth noticing because it has no equivalent in the law of repair: a layout that is itself dangerous - a steep unguarded stair, a kitchen you must cross to reach the only exit - can count, even though nothing has broken. Whether a particular home crosses the line is a question of fact and normally needs an expert's assessment of the property.

When it applies

  • Arguing whether persistent damp and mould crosses from unpleasant to unfit.
  • A home so cold that the excess cold hazard is engaged.
  • A property with no working drainage, no hot water, or no usable cooking facilities.
  • A converted flat whose internal layout is itself the danger.
  • Understanding how a council's housing health and safety rating assessment feeds into a tenant's own claim.

What this section does not say

  • It is not a duty on anyone. Section 10 only defines unfitness; the obligations are in sections 8 and 9A.
  • It is not a list of things that must all be wrong. The test is whether the dwelling is so far defective in one or more of the listed matters that it is not reasonably suitable for occupation.
  • It does not import the whole of the Housing Act 2004. Only the prescribed hazards feed in, and only for dwellings in England.
  • It is not the same as disrepair. Something can be in perfect repair and still unfit - poor natural lighting or dangerous internal arrangement are the clearest examples.

Worked examples

Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.

Illustrative example

A council inspection of a rented terraced house records a serious hazard for damp and mould growth. The tenant sends the report to the landlord, who replies that a council rating is a matter between him and the council and has nothing to do with the tenancy.

How the wording applies

Section 10 imposes no duty on anyone - it supplies the test that sections 8 and 9A depend on - and for a dwelling in England it expressly brings in the hazards prescribed under the Housing Act 2004. That is how a council rating stops being only a regulator's concern and becomes part of the civil fitness standard. The fact that still has to be established is the 'if and only if' limb: the property is unfit only where it is so far defective in one or more of the listed matters that it is not reasonably suitable for occupation.

How the parties settled it

The landlord agrees to carry out the works listed in the council's schedule to the same timetable and to send photographs on completion; the tenant agrees to withdraw the request for a further inspection if the schedule is met.

Illustrative example

A studio in a converted house has its only means of escape through the kitchen and a bathroom that opens directly off the food preparation area. Everything is new and nothing is in disrepair, but the occupier feels the layout is dangerous.

How the wording applies

'Internal arrangement' is one of the listed matters in subsection (1), which is why a home can be unfit while being in perfect condition - repair and fitness are different standards. The fact this turns on is whether the layout is defective to the point that the dwelling is not reasonably suitable for occupation in that condition, judged as a whole rather than as a list of ticks.

How the parties settled it

The landlord agrees to move the kitchen units to clear the escape route and to fit a compliant door to the bathroom, and both agree the rent stays fixed until the work is completed.

Related sections

LTA 1985 s. 8 £52/yr rent limit for fitness: LTA 1985 s. 8 (Wales) LTA 1985 s. 9A Fitness for human habitation: LTA 1985 s. 9A LTA 1985 s. 11 Repair structure, exterior, installations – LTA 1985 s.11

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We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.

This page reproduces the text of LTA 1985 s. 10 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.

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