Q&As

Where the landlord/freeholder was not itself the developer, what causes of action might the tenants have against the developer in respect of a defect within the roof arising out of poor design/installation/materials? The defect does not damage the structure but causes damage to flats through water ingress. The original freehold company has been dissolved and there is a new freeholder.

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Published on LexisPSL on 08/06/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where the landlord/freeholder was not itself the developer, what causes of action might the tenants have against the developer in respect of a defect within the roof arising out of poor design/installation/materials? The defect does not damage the structure but causes damage to flats through water ingress. The original freehold company has been dissolved and there is a new freeholder.

Where the landlord/freeholder was not itself the developer, what causes of action might the tenants have against the developer in respect of a defect within the roof arising out of poor design/installation/materials? The defect does not damage the structure but causes damage to flats through water ingress. The original freehold company has been dissolved and there is a new freeholder.

Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to ensure that the work is done in a workmanlike or, as the case may be, professional manner, with proper materials so that the dwelling is fit for human habitation. 'Fit for habitation' does not impose a separate obligation, but is the standard by which 'workmanlike manner' and 'proper materials' are to be judged.

The duty is owed by all persons taking on such work. The duty also extends to anyone who arranges for such work to be carried out:

  1. in the exercise of statutory powers, or

  2. in the course of a business which includes the provision

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