309. Warranty of fitness for habitation; the common law position.

At common law, there is in general no implied warranty on the part of a landlord that the demised premises are fit for the purpose for which they are taken1; and, therefore, on the letting of an unfurnished dwelling house or flat2, there is no implied warranty on the part of the landlord that it is in a reasonably fit state for habitation3, or that it may lawfully be used for the purpose for which it was let4. The intending tenant is presumed to make his own inquiries as to its condition, and, in the absence of a special