When an Unsafe Structure Does Not Trigger the Landlord’s Duty to Repair - Colm Nugent, Hardwick
02/07/16. The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016].
Raebarn were the freeholders of a mixed use property in London. The upper floors had been demised to a developer who had installed a staircase as part of the refurbishment. Mr Dodd – a visitor - fell down the stairs and tragically died of his injuries some time later. His Estate brought a Fatal Accident claim against the freeholder, Raebarn, and a range of other entities. The claim was valued in excess of £1m.
The claim was brought on the basis of the OLA 1957, the DPA 1972 and common law negligence. The OLA claim was premised on an apparent anomaly in the demise to the developer, by which Raeburn sold the part of the building above first floor joist level. Accordingly, said the Claimant, Raebarn retained ownership of the lower part of the stairs where the accident happened...
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