menu-search
LEXISNEXIS_ICON4_SIGNINSign-in LEXISNEXIS_ICONS_SUPPORTHelp

Defective Premises Act

View Property Disputes by content type:

News
Practice notes
Precedents
Q&As

Latest Property Disputes News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Property Disputes weekly highlights—6 May 2021

Property Disputes weekly highlights—6 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

An analysis of the Housing Possession Mediation Service

An analysis of the Housing Possession Mediation Service

The following Dispute Resolution news provides comprehensive and up to date legal information on An analysis of the Housing Possession Mediation Service

Featured Property Disputes content

Rights of light claims

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
Read More >
9th Nov
Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
Read More >
9th Nov
Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
Read More >
9th Nov
Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
Read More >
9th Nov
Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
Read More >
9th Nov
Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
Read More >
9th Nov
Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
Read More >
9th Nov
Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
Read More >
9th Nov
tag iconCOVID-19
Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
Read More >
9th Nov
Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
Read More >
9th Nov
Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
Read More >
9th Nov
Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
Read More >
9th Nov
Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
Read More >
9th Nov
Practice notes

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
Read More >
9th Nov
tag iconCOVID-19
Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
Read More >
9th Nov
Practice notes

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
9th Nov
tag iconCOVID-19 tag iconIn-house

Most recent Defective Premises Act content

Practice notes

Defective Premises Act—provision of dwellings

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...
Read More >
8th Apr
Practice notes

Defective Premises Act—landlords' liability

A landlord's liability to a tenant for the state and condition of premises is generally determined by the terms of the tenancy. However, under the...
Read More >
8th Apr
Q&As

Where residential properties built for a seller and based on the seller's design are sold, does the purchaser have any direct cause of action against the developer for any post-sale problems with the property?

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...
Read More >
7th Apr
Q&As

Under the Defective Premises Act 1972, is a dwelling constructed for the commercial purpose of a holiday home with planning restrictions limiting occupation to holiday accommodation only, excluded from the definition ‘dwelling house’?

The first duty is imposed by section 1 of the Defective Premises Act 1972 (DPA 1972). Although entitled ‘Duty to build dwellings properly’, its...
Read More >
22nd Jan
Q&As

A potential tenant is unwilling to take a lease of a commercial tenant unless and until the adjoining neighbouring property has fixed the dilapidated fence which runs between the two properties and is on the verge of collapse and presents as a health and safety risk. What can the landlord do to force the neighbour to fix the offending fence?

We have assumed that:•the landlord does not own the neighbouring property•there is nothing in the title re maintenance of the fence•the fence does not...
Read More >
22nd Jan
Q&As

A commercial unit has suffered damage due to water ingress, caused by a leak from a residential property above. Where both tenants have the same direct landlord, would the tenant of the commercial unit claim against its landlord, requiring it to enforce the covenants in the residential tenant’s lease, rather than claim against the residential tenant?

This Q&A explores who the tenant of a commercial unit should bring legal proceedings against when they suffer damage from a leak from a residential...
Read More >
Produced in partnership with Alex Campbell of Arden Chambers 22nd Jan
Q&As

Can a subtenant make a claim under the Defective Premises Act 1972 against a superior landlord where the subtenant’s immediate landlord is not responsible for the relevant repairs?

The Defective Premises Act 1972 (DPA 1972) gives a cause of action, in certain circumstances, to persons who suffer injury or loss arising out of a...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As

Does a Jervis v Harris clause in a lease, allowing a landlord to carry out works falling within the tenant's repairing obligation, make the landlord liable under the Defective Premises Act 1972?

Under sections 4(1) and 4(2) of the Defective Premises Act 1972 (DPA 1972), where:•a landlord has a repairing obligation in respect of a defect (DPA...
Read More >
29th Nov

Popular documents

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral

Drafting the particulars of claim and reply

Drafting the particulars of claim and reply

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be

Fiduciary Duties

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and