In an important judgment on 21st June 2017, Dodd v Raebarn the Court of Appeal rejected an argument that work undertaken in a property, which did not comply with Building Regulations or proper professional standards at the time, amounted to ‘disrepair’ within the meaning of the Defective Premises Act 1974.
The court reiterated that there was no duty upon a landlord or freeholder to make safe, under their obligation to repair, and there is no test of ‘functionality’ when it comes to determining whether a property is in disrepair.
The Appeal was a Second Appeal, the Court being satisfied that the issue gave rise to an important point of principal. Colm Nugent acted for the Landlord Respondent both in the Court of Appeal and below.
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