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
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Meet our Expert Property Commentators
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)
Master plan setup, ops and staffing and resident engagement. ISO45001 champion.
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.
