Mann v Martin (2024) EW Misc 23 (CC) Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast. Ms Mann is the...
Leaseholders and build defects webinar
Together with my Anthony Gold housing team colleague Jenny Evans, I did a webinar today (Wednesday) on build defects, issues and remedies for leaseholders. The video of the webinar is free to view here if anyone is interested or might find it of use. I would...
On sewer covers, gardens and responsibilities
Rogerson v Bolsover District Council (2019) EWCA Civ 226 A court of appeal case on when the landlord's duty under section 4 Defective Premises Act 1972 is engaged and whether there is any duty to inspect. Ms R was Bolsover DC's tenant. The property was a...
Bannisters that never were.
You wait for 4 years for another case on bannisters and the Defective Premises Act 1972 and then two come along at once... Sternbaum v Dhesi [2016] EWCA Civ 155 Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB) Both can be dealt with fairly quickly...
Of sink holes and strict liability
 Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB) Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no....
Shut that (undemised) door!
Is the Occupiers' Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of Drysdale v...
Mind the Step 2 – The bannister that wasn’t
This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited [2012] EWHC...
Mind the Step 1 – Semi gloss
What constitutes a defect or a lack of repair for the landlord to be liable for tenant's injury? This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and 4 of the Defective Premises Act 1972 and stairs, or...
The (Caveat) Emptor strikes back
"All his life has he looked away... to the future, to the horizon. Never his mind on where he was. Hmm? What he was doing. Hmph. Adventure. Heh. Excitement. Heh. A Jedi craves not these things. You are reckless" - Yoda Which brings us nicely to (1) Jenson...