Who can bring a claim under this cause of action?
Damages can be claimed by any person who has suffered a loss as a result of a dwelling being ‘unfit for habitation’. Developers can also recover a contribution under this cause of action from construction product manufacturers, for example if they were sued under the Defective Premises Act.
In cases where the building contains one or more dwellings, compensation can also be claimed from those who have suffered a loss as a result of one or more dwellings being unfit for habitation, for example a landlord who has had to pay to remediate the common parts of the building as a consequence.
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