Bole and another v Huntsbuild Ltd and another [2009] EWHC 483 (TCC); [2009] WLR (D) 98

“A finding that the premises were in imminent danger of collapse was not a necessary precursor to making a finding under the Defective Premises Act 1972 that a dwelling house was unfit for human habitation; and unfitness for habitation was to be construed as extending to defects of quality rendering the dwelling unsuitable for its purpose as well as to dangerous defects, regardless of whether such a defect was confined to one part of the dwelling or whether the effects of the defect were evident at the time when the dwelling was completed; and where there were a number of defects, it was necessary to consider the effect of the defects as a whole.”

WLR Daily, 17th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.