Defective Premises Act

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
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...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Defective Premises Act content

Practice notes
Home owners non-contractual remedies for property defectsCommon law—implied termsReasonable care and skillWhere a purchaser buys a house from a...
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27th Aug
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...
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10th Aug
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...
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10th Aug
Q&As
Are there any cases relating to the Defective Premises Act 1972 where a leak into a ceiling, or wall, was considered a defect which caused a...
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10th Aug
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
Practice notes
Defective Premises Act—provision of dwellingsUnder the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with...
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10th Aug
Practice notes
Defective Premises Act—landlords' liabilityA landlord's liability to a tenant for the state and condition of premises is generally determined by the...
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10th Aug

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