Defective Premises

Defective Premises


We defend claims in Nuisance and under the Defective Premises Act 1972 . We also advise on the Defective Premises Act (DPA) and in particular questions surrounding Fit for Habitation

Although it is coming up to 40 years since the DPA came into force, it continues to remain live and relevant. In a Court of Appeal decision of March 2010 Bole v Huntsbuild, claims against a contractor and structural engineer were considered in connection with a domestic premises affected by heave. It was said that the property was designed by the engineer and built by the contractor, with inadequate foundations.

The owner successfully claimed the house was unfit for habitation under the DPA and therefore was entitled to recover general damages and the cost of repair.

Since the test of fitness for habitation under the DPA is a question of fact, the need to obtain and expert evidence and advice is normally essential. Our team is able to advise on the instruction of experts, the collation of evidence, the merits of any claim and what defence(s) may be available.

If you would like more information on how could make a difference to your Defective Premises Dispute, please contact us by telephone 0207 993 6917, email Charlotte Waters or by using the enquiry form below.

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