‘Mann v Martin (2024) EW Misc 23 (CC). Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast.’
Nearly Legal, 26th August 2024
Source: nearlylegal.co.uk
‘Zoe McLean-Wells analyses a recent Upper Tribunal (UT) decision which considered a landlord’s ability to charge a service charge for works required to remediate inherent structural defects.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
‘Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd.’
Tanfield Chambers, 11th September 2023
Source: www.tanfieldchambers.co.uk
‘Hugh Rowan examines three new cases of action under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
‘”Black mould” is a very serious, sometimes deadly, consequence of water ingress building defects. Water ingress building defects are prolific, and issues and effects of mould growth are disturbingly common, particularly coming to the end of winter in Britain.’
3PB, 6th March 2023
Source: www.3pb.co.uk
‘Judith Hopper and William Cursham analyse a recent ruling where a High Court judge awarded a housing association substantial damages in a claim relating to defective cladding.’
Local Government Lawyer, 4th August 2022
Source: www.localgovernmentlawyer.co.uk
‘Cladding disputes have been ubiquitous in recent years. They are a consequence of the tragic fire at Grenfell Tower in June 2017, which led to a wave of inspections, investigations and scrutiny across the UK as building owners sought to ascertain whether or not their buildings were similarly defective. That process has resulted in numerous disputes relating to all sorts of different buildings – whether residential or commercial, old or new, publicly owned or private developments – which have kept practitioners extremely busy over the past five years.’
Practical Law: Construction Blog, 28th July 2022
‘Construction companies contracted to design and build cladding systems for buildings may have to pick up the cost of replacing those systems in light of a new ruling by the High Court in London.’
OUT-LAW.com, 25th July 2022
Source: www.pinsentmasons.com
‘On 29 April 2022, the Building Safety Bill received Royal Assent and has become the Building Safety Act 2022 (the “BSA”). The BSA gives effect to policies set out in the Government response to the “Building a Safer Future” consultation, and Dame Judith Hackitt’s interim and final report undertaken as part of an independent review of building regulations and fire safety.’
Henderson Chambers, 3rd May 2022
Source: www.hendersonchambers.co.uk
‘New legislation will protect leaseholders from the costs of all post-Grenfell building safety defects, not just combustible cladding, the government has said.’
The Guardian, 10th January 2022
Source: www.theguardian.com
‘Not a single rogue landlord has been issued with one of the government’s new banning orders, a year after the key new power in the battle to root out the country’s worst rental property owners was launched.’
The Guardian, 15th April 2019
Source: www.theguardian.com
‘A court of appeal case on when the landlord’s duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect.’
Nearly Legal, 4th March 2019
Source: nearlylegal.co.uk
‘In Rogerson v Bolsover District Council (2019) EWCA Civ 226 the appellant was the tenant of a council house. She suffered injury as the result of an accident. The issue was whether the Council could be liable under Section 4 of the Defective Premises Act 1972. The relevant defect would have been discovered if the Council had implemented a system of regular inspection. Did the Council as landlord have a duty to inspect?’
Panopticon, 27th February 2019
Source: local-government-law.11kbw.com
‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.
To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’
Practical Law: Construction Blog, 11th February 2019
‘Or, the significance of tenancy agreement clauses.’
Nearly Legal, 8th November 2018
Source: nearlylegal.co.uk
‘The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].’
Hardwicke Chambers, 8th March 2016
Source: www.hardwicke.co.uk
‘The Court of Appeal have recently considered the issue of whether or not a missing bannister could amount to disrepair pursuant to section 4 of the Defective Premises Act 1972.’
Zenith PI Blog, 29th March 2016
Source: www.zenithpi.wordpress.com
‘You wait for 4 years for another case on bannisters and the Defective Premises Act 1972 and then two come along at once…
Sternbaum v Dhesi [2016] EWCA Civ 155
Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB)
Both can be dealt with fairly quickly and together, as the courts follow the same lines. Both cases involved falls on stairs, very sadly in Dodd, a fatal fall. In each case, there was no bannister to the staircase. Both claims were on appeal from being dismissed at first instance.’
Nearly Legal, 20th March 2016
Source: www.nearlylegal.co.uk
‘Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB). Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why.’
Nearly Legal, 6th March 2016
Source: www.nearlylegal.co.uk/blog/
‘The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory provision that enables any person with an interest in a dwelling to sue the person responsible for building the dwelling, or carrying out any work in connection with the dwelling, where the dwelling is not fit for human habitation when the work is completed.’
NearlyLegal, 15th January 2015
Source: www.nearlylegal.co.uk
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