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What Makes a House Uninhabitable (UK)

While no one wants to think about their home becoming unlivable, certain defects or hazards can render a property uninhabitable under UK laws and regulations. From critical structural issues and lack of basic amenities to environmental health risks, there are clear circumstances that define when a house is considered too unsafe for occupation. 

This guide outlines the major factors that can deem a residential property legally uninhabitable and unfit for human habitation.

What qualifies a house as uninhabitable?

There is no single definitive factor that automatically renders a home legally uninhabitable per se. However, UK housing laws, building regulations and environmental health codes outline several major hazards or failings that can make a residence unfit for human occupation:

Structural instability

One of the primary factors is if the building’s structural integrity is severely compromised to the point of being unsafe. This includes:

  • Structural defects that risk building collapse or failure
  • Unsound floors, walls or foundations at imminent risk
  • Damage from subsidence, landslides or other ground movement
  • Fire, storm or other significant damage impacting structural soundness

Essentially, any structural issue that creates a legitimate risk of the building falling down or compromising safe living spaces.

Lack of basic amenities

A house may be deemed uninhabitable if it lacks basic living amenities considered necessary for modern human habitation, including:

  • Running water for drinking, bathing and sanitation
  • Electricity for lighting, heating and powering appliances
  • Indoor plumbing and sewage and waste disposal
  • Basic food prep and cooking facilities (counter, stove etc.)

Even if structurally sound, a complete absence of these basic utilities and fixtures would likely violate minimum housing standards, and you would not be able to rent the property to a tenant.

Environmental hazards

The presence of certain environmental health hazards within the living spaces can also potentially make a home legally uninhabitable, such as:

  • Excessive moisture causing mould, mildew or fungal infestations
  • Contamination from asbestos, lead-based paint or other toxins
  • Pest infestations like rodents, cockroaches or other vermin
  • Excessive cold temperatures due to lack of insulation or heating

While these issues may start minor, if allowed to proliferate unaddressed they can create unhealthy living conditions and health risks for occupants.

Disaster damage

In the aftermath of a fire, flood, hurricane or other natural disaster, the extent of damage can potentially leave some homes uninhabitable until repaired or rebuilt.

Overcrowding and space requirements

In addition to the physical condition of the property itself, housing laws also set minimum space and overcrowding standards that can render a home legally uninhabitable if violated.

In the UK, the government’s Statutory Overcrowding standard states that properties are considered overcrowded and potentially uninhabitable if:

Two people of opposite sexes have to sleep in the same room, except:

  • Cohabiting couples
  • Children under 10 of opposite sexes
  • The living room is used as a sleeping area
  • Children over 10 of opposite sexes have to share a bedroom

The standard then defines the minimum number of bedrooms required to avoid statutory overcrowding based on the number and ages of occupants. Even if the property itself is physically sound, exceeding these overcrowding limits by having too many occupants per available living space can be grounds for declaring a home legally uninhabitable.

Access and basic hygiene standards

A property may also be deemed uninhabitable if it lacks adequate access or basic hygiene facilities required for safe living conditions, including:

  • Entrance:. Properties must have a reasonably safe entrance/exit that does not put occupants at risk
  • Bathroom facilities. At minimum, an indoor toilet, bath or shower, washbasin with hot/cold water
  • Food prep and storage. Basic kitchen/pantry spaces to properly store and prepare food
  • Waste disposal. Adequate systems to dispose of sewage, garbage and other waste safely

While specific details can vary by local regulations, the general requirements are that residential properties provide these elementary amenities necessary for basic human hygiene and daily living needs. Lacking these fundamentals can render a residence legally uninhabitable.

Electrical, gas and fire hazards

Additionally, landlords who rent out domestic properties are required by law to have professional assessments  of property’s electrical systems, and gas utilities as well as to ensure fire safely best practices are in place. Failing to comply could effectively make the property illegal and technically unrentable.

Gas Safety

  • Ensure gas equipment is safely installed and maintained by a Gas Safe registered engineer.
  • Conduct an annual gas safety check on each appliance and flue by a registered engineer.
  • Provide a copy of the gas safety check record before you move in or within 28 days of the check.

Electrical Safety

  • Ensure the electrical system, including sockets and light fittings, is safe.
  • Ensure all supplied appliances, such as cookers and kettles, are safe.

Fire Safety

  • Ensure fire doors are used if the property is a HMO
  • Provide a smoke alarm on each storey and a carbon monoxide alarm in rooms with solid fuel burning appliances.
  • Ensure there is access to escape routes at all times.
  • Ensure supplied furniture and furnishings are fire safe.
  • Provide fire alarms and extinguishers if the property is a large house in multiple occupation (HMO).

What can I do if my home is unfit?

Having your home officially declared legally uninhabitable is extremely stressful, but you do have some options. Start by getting official documentation from local authorities citing the violations. From here, decide if repairs are feasible or not— fixes can be very costly without proper insurance. 

If you have tenants, you must make necessary repairs or provide temporary housing until the issues are resolved per rental agreement terms. Document everything with photos and videos as evidence for any insurance claims or legal actions. 

Can I sell my home if it’s uninhabitable?

While having your home declared officially uninhabitable creates a very difficult situation, it doesn’t necessarily prevent you from selling the property. There are still a few potential avenues for offloading an uninhabitable house, though each comes with its own pros and cons.

Selling through a traditional estate agent

One option is trying to sell your uninhabitable property through a regular real estate agent listing it on the open market. However, there are some significant downsides to this route. Most estate agents will be hesitant to list an uninhabitable home due to lack of buyer demand. Of course this depends on the scale of the issues.

If they do agree to list it, you’ll likely have to accept a steep discount on the asking price

You’ll still be responsible for paying the full estate agent fees and commission despite the reduced sale price. Not only that, but a mortgage provider is unlikely to lend on homes deemed uninhabitable, so you’ll be relying on a cash buyer.  

The sale process could also take many months with few prospective buyers willing to take on such a project. Unless your property’s uninhabitable issues are incredibly minor, selling via a traditional agent listing can be an uphill battle with low probabilities of success.

Selling to Property Rescue

For a straightforward solution, selling your uninhabitable property to an experienced cash buyer company like Property Rescue represents the most reliable option and has multiple advantages:

  • Cash buyers specifically purchase distressed, uninhabitable properties as-is.
  • Here at Property Rescue, we can complete sales quickly with our own funding sources in a timeframe that suits you. 
  • There’s no need to worry about repairs, showings or marketing, as we’ll purchase the property in its current condition directly from you.
  • Not only do you avoid estate agent fees, we also cover costs like legal fees. 
  • Property Rescue offers guaranteed sale prices with no back-and-forth negotiations.

For situations where making comprehensive repairs or a traditional listing isn’t viable due to time, cost or complexity, selling to a reputable cash buyer represents an appealing solution. Property Rescue provides a fair, simple exit for uninhabitable homes.

Summary: uninhabitable houses

Having a home deemed legally uninhabitable is highly disruptive, but options exist, especially if you’re looking to sell the property. Get a free, no-obligation quote to see how much Property Rescue can buy your home for by clicking here and booking a call-back.

 

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