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Defective premises – landlord’s duties – repairs

Commercial Leases

Defective premises – landlord’s duties – repairs

Sternbaum v Dhesi [2016] EWCA Civ 155 (18 March 2016)

This is yet another case concerning section 4 Defective Premises Act 1972 (DPA 1972) but on this occasion it was the Court of Appeal which carried out an analysis of the section. Thus for completeness we highlight its conclusions in brief to bring this quartet of cases to a close. The appeal was dismissed because it was found the staircase whilst unsafe, and a hazard, it was not in disrepair. That being so the Court did not go on to consider section 4 DPA 1972. Tantalisingly Hallett LJ made observations that some of the authorities on the correct interpretation of section 4(4) DPA 1972 might not be correct and, at some future time, would require a far closer examination.

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