Is a Defective Premises Act claim better than a breach of contract claim?

Unlike, breach of contract claims (where claims are limited to original 1st buyers who bought directly from the developer only), one of the advantages of claims under the Is a Defective Premises Act 1972 is that the claimants (be they leaseholders or freeholders) do not have to have a contractual relationship with the developer to bring a claim. This means that subsequent buyers may have claims, which they would otherwise not have for breach of contract.  That said, whilst the new limitation periods will undoubtedly help some residents and owners, it probably will not provide a remedy for all their concerns. To succeed in such a claim, a claimant must show in particular that the defects being complained of render the dwelling or building ‘unfit for habitation’.

Social