Defective Premises Act 1972

british landlords associationDefective Premises Act 1972

Work undertaken on dwellings: s1 of the Act provides that a person taking on work for or in connection with the provision of a dwelling owes a duty of care to see that the work which he takes on is done in a workman-like and or professional manner, with proper materials and so as regards that work, the dwelling shall be fit for habitation when completed. Duty to take reasonable care to avoid personal injury or damage to property: s4 provides:

(1) Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to be affected by defects in the state of the premises a duty to take such care as is reasonable in all the circumstances to see that they are reasonably safe from personal injury or from damage to their property caused by a relevant defect.

(2) The said duty is owed if the landlord knows (whether as the result of being notified by the tenant or otherwise) or if he ought in all the circumstances to have known of the relevant defect.

(3) ‘relevant defect’ means a defect in the state of the premises … arising from, or continuing because of, an act or omission by the landlord which constitutes or would if he had had notice of the defect have constituted a failure by him to carry out his obligation to the tenant for the maintenance or repair of the premises.

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