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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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.
Valuation Services provided by The Ringley Group
Meet our Expert Property Commentators