Is lawfulness of occupation relevant to the residential occupier test? – Practical Law Construction Blog

Posted December 17th, 2019 in construction industry, contracts, jurisdiction, news, planning by tracey

‘We don’t see the section 106 residential occupier exemption appearing in the law reports all that often, possibly because the law surrounding its meaning is fairly well settled, particularly since Coulson J’s 2013 judgment in Westfields Construction Ltd v Lewis. Therefore, I was rather intrigued by the judgment in Howsons Ltd v Redfearn and another. It dates from the summer but is an interesting read because the judge, HHJ Nigel Bird, appears to have extended the section 106 residential occupier test to cover the question of lawfulness of occupation.’

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Practical Law Construction Blog, 17th December 2019