What does the Defective Premises Act offer leaseholders?

The Defective Premises Act 1972

Under the Defective Premises Act 1972 a person taking on work for, or in connection with, the provision of a dwelling owes a duty to ‘every person who acquires an interest in that dwelling’ to see that work is done:

• In a workmanlike or professional manner,
• with proper materials and
• to ensure that the dwelling is fit for habitation when completed.

Where these criteria are not met, then anyone with an interest in a dwelling (whether leasehold or freehold) may have a claim against a contractor, developer or designer, i.e., claims can be brought by residents or by owners.  However, a management company will not have a claim under the DPA 1972 because it does not have an ‘interest’ in the dwelling. 

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