Rendlesham Estates Plc & Ors v Barr Ltd [2014] EWHC 3968 (TCC) (28 November 2014)

Rendlesham Estates Plc & Ors v Barr Ltd [2014] EWHC 3968 (TCC) (28 November 2014)

Each apartment is a separate dwelling for the purposes of the Defective Premises Act 1972. Barr Limited owes a duty under section 1 in respect of work done in connection with the provision of each apartment, including common parts, but liability arises only if the apartment is unfit for habitation at completion....

Source-derived case information.

Citation
[2014] EWHC 3968 (TCC)
Parties
Claimants: Rendlesham Estates Plc & Others; Defendant: Barr Limited; Defendants (in Related Claim): Solicitor Defendants
Jurisdiction
England and Wales
Judgment Date
28 November 2014
Procedural Posture
Civil (technology and Construction Court) / Judgment After Trial
Outcome
Claimants succeed in establishing liability for certain defects under the Defective Premises Act 1972; representative claim for full remedial costs for common parts fails; damages to be assessed per apartment based on unfitness for habitation.
Legal Topics
Defective Premises Act 1972, Fitness for Habitation, Representative Proceedings, Measure of Damages, Building Regulations
Construction Law Tort Law Defective Premises Act 1972 Fitness for Habitation Representative Proceedings Measure of Damages Building Regulations

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Parties

Rendlesham Estates Plc & Others

Claimants

Barr Limited

Defendant

Solicitor Defendants

Defendants (in Related Claim)

Procedural Posture

Civil (technology and Construction Court) / Judgment After Trial

Legal Issues

  1. 1 Whether Barr Limited is liable under the Defective Premises Act 1972 for defects rendering apartments unfit for habitation
  2. 2 Proper construction of 'dwelling' and 'in connection with the provision of a dwelling' under the Act
  3. 3 Whether claimants can recover full remedial costs for common parts as representatives of all owners

Ratio Decidendi

Each apartment is a separate dwelling for the purposes of the Defective Premises Act 1972. Barr Limited owes a duty under section 1 in respect of work done in connection with the provision of each apartment, including common parts, but liability arises only if the apartment is unfit for habitation at completion. Representative proceedings are not appropriate for recovery of remedial costs for common parts because proof of damage is not common to all owners. Fitness for habitation is determined by prevailing standards at completion and includes health, safety, and undue inconvenience.

Court Disposition

Claimants succeed in establishing liability for certain defects under the Defective Premises Act 1972; representative claim for full remedial costs for common parts fails; damages to be assessed per apartment based on unfitness for habitation.

Orders

  • Barr Limited held liable for breaches of duty under the Defective Premises Act 1972 for apartments found unfit for habitation.
  • Claimants not entitled to recover full remedial costs for common parts on a representative basis.