Defective premises and freeholder liabilities
The potential liabilities of freeholders under the Defective Premises Act 1972 came under the spotlight in a Court of Appeal test case, arising from a tragic accident in which a tourist on honeymoon was fatally injured in a fall down stairs.
In the case of Dodd v Raebarn Estates Limited & Ors, the tourist was staying at a London flat when he fell. His widow subsequently sued the freeholder, the tenant under a 125-year head lease and the under-lessee. She challenged a judge’s decision to grant summary judgement to the freeholder on the basis that her claim against it had no real prospect of success.
In ruling on the matter, the Court noted that, under the head lease, the primary duty to repair and maintain the property fell upon the tenant. However, the freeholder retained the right to notify the tenant of any defaults and, if necessary, to enter the property and to carry out works at the tenant’s expense.
The tenant had replaced the property’s staircase in the 1980s and it was assumed for the purposes of the litigation that the freeholder had consented to those works. The new staircase did not comply with building regulations, in that it was too steep and either did not have a handrail or the handrail had later been removed.
The widow’s lawyers submitted as follows:
- The removal of the original staircase amounted to a breach of covenant.
- That breach had not been remedied by the installation of the non-compliant staircase.
- The existence of the freeholder’s right to enter the property to rectify that breach gave rise to a duty under the Act that was owed to the widow.
In dismissing her appeal, however, the Court found that those arguments did not take account of the scheme of the head lease as a whole. On the basis that the freeholder had consented to the alterations, it could not plausibly be argued that the removal of the old staircase amounted to a breach of the lease. The freeholder’s right to enter the property in order to ensure installation of a compliant staircase had thus not been triggered.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
The 5 elements of seiri, seiton, seiso, seiketsu and shitsuke.
Shading for housing, a design guide
A look back at embedding a new culture of shading.
The Architectural Technology Awards
The AT Awards 2025 are open for entries!
ECA Blueprint for Electrification
The 'mosaic of interconnected challenges' and how to deliver the UK’s Transition to Clean Power.
Grenfell Tower Principal Contractor Award notice
Tower repair and maintenance contractor announced as demolition contractor.
Passivhaus social homes benefit from heat pump service
Sixteen new homes designed and built to achieve Passivhaus constructed in Dumfries & Galloway.
CABE Publishes Results of 2025 Building Control Survey
Concern over lack of understanding of how roles have changed since the introduction of the BSA 2022.
British Architectural Sculpture 1851-1951
A rich heritage of decorative and figurative sculpture. Book review.
A programme to tackle the lack of diversity.
Independent Building Control review panel
Five members of the newly established, Grenfell Tower Inquiry recommended, panel appointed.
Welsh Recharging Electrical Skills Charter progresses
ECA progressing on the ‘asks’ of the Recharging Electrical Skills Charter at the Senedd in Wales.
A brief history from 1890s to 2020s.
CIOB and CORBON combine forces
To elevate professional standards in Nigeria’s construction industry.
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing tool inc. physical environment, indoor facilities, functionality and accessibility.