DETERMINING FITNESS
In addition to the list of defects mentioned in Section 10(1) the Act states that ‘any potential hazard’ should be considered.
Any potential hazard means any matter or circumstances amounting to a hazard (for the time being) prescribed in regulations made under Section 2 Housing Act 2004 – the list of 29 HHSRS Hazards.
It will not necessarily mean a catergory 1 or category 2 hazard must be present in order for a property to be deemed
unfit.
HOW WILL CLAIMS PROGRESS?
Notice – no requirement in Act. Anticipate common law position.
Expert evidence – expert evidence may not always be necessary.
Pre-action protocol – liekly to be amended.
Claims will be heard in the county court.
Legal aid will be available.
Contact ML Associates Expert Witness – email: mike.lea@ml-associates.com
The World Health Organisation have stated that fragments of dead mould and bacteria may be up to 40 times more hazardous and harmful than
active viable mould growth and have declared that damp or water damaged buildings are an international threat to health.