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’.
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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’.
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Mary-Anne Bowring FTPI FRICS FARLA FCABE Founder/Head of Asset Management
Strategic partnerships, holistic delivery/ opportunities, growth, value engineering, thought leadership
Ian Barber MD BTR Mobilisation & Leasing
Runs HQ & site lease-up teams. Drives rent pricing, mobilisation, marketing, happy residents!
Jon Curtis MRICS Head of Building Engineering
Chartered Building Surveyor. Lectures on EWS1 & building safety. Runs CapEx programmes.
Kate Robinson MTPI MD Blocks/FM Management (London Region)
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Lee Harle Partner Ringley Law
Plot conveyancing. Debt litigation. Group Company Secretary.
Anthony Kingdon MIRPM AssocRICS MD Blocks/FM Management (North Region)
Stakeholder engagement. Mixed tenure specialist. Budget management. Plant audit, PPM compliance.
Chris Georgalis MRICS Head of Commercial Valuation
Chartered Valuer. Rental valuations: retail, leisure. IRR modelling and valuations for secured lending. Compulsory purchase & rent reviews
Nichola Pughe MRICS Head of Residential Valuation
Chartered Valuer. Rental development & mixed use valuations, IRR modelling. Leasehold enfranchisement specialist
Natalie Birmingham Helpdesk Support Manager
Trainer & Helpdesk Manager: people, systems,contractors. ISO45001 supply chain accreditation.
Steve Norman Planning Director
Land due diligence (opportunities & constraints) Has contributed to a number of award winning schemes.
