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Landlords Lose Right to Sue Builders for Shoddy Refurbs By Simon Thompson |
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Landlords and property developers can no longer sue builders for shoddy workmanship when they refurbish a home.
The Court of Appeal rejected claims from a couple that a builder had ruined their home by failing to damp proof a basement - and lost.
The judges declined their right to compensation under the Defective Property Act and agreed with the builder that they had no claim.
Previously, courts let homeowners claim compensation from builders for faulty work - even if they had bought the property after the work had been completed.
But the Court of Appeal has ruled that the Defective Property Act only applies to newly built homes and not the refurbishment or extension of an existing home.
Key to the ruling was the judges’ understanding of the clause ‘wholly different from old’ in the Defective Property Act.
They reckoned a property that had undergone changes, however far reaching, could never be “wholly different from old’ because somewhere in the building a part would remain unchanged.
Therefore, they said, the law could only apply to a new building.
The decision came in the case Jenson and another v Faux.
The case was first heard at the Technology and Construction Court, where the judge heard the Jenson bought the house from a Mr Green who refurbished the property. He added a loft extension, moved walls, extended and refitted the kitchen and changed the basement in to a living room.
Mr Faux managed the project.
After moving in, the Jensons found the basement flooded as damp proofing was poorly fitted. They pursued Mr Faux for compensation.
He argued they had no case because the Defective Property Act only protected the owners of a newly built property.
The judge agreed with the Jensons and Mr Faux appealled.
At the Court of Appeal, Lord Justice Longmore said: “There is no doubt a grey area within which it would genuinely be arguable that a dwelling had so changed that it had a different identity from before but works of extension or refurbishment works, to my mind, have to be much more substantial than they were in this case before such a grey area was reached.”
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MPs call on Government to refund student rents |
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An influential group of MPs is calling on the government to refund student
rents during the lockdown.
The call has been made by the All-Party Parliamentary Group on Students,
which includes peers and MPs from all political parties.
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The most affordable universities for student rents revealed |
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The most affordable student rents in the UK for those who are attending
university have been revealed.
According to one student accommodation platform, the most affordable
student rent is in the Liverpool L7 postcode.
This area is to home |
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Landlords hit by eviction ban extension |
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Landlords have been hit by a Government decision to extend its eviction ban
for another six weeks.
The move means that the bailiff ban in England is now being extended to 21
February - at the earliest.
Robert Jenrick, the housing |
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Where property investors should head in 2021 |
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If you want to know where property investors should be heading in 2021 for
the best opportunities, then a new survey reveals all.
According to property investors SevenCapital, the best
place for investment in 2021 is Birmingham.
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Rents hit a record high outside of London |
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Strong demand from tenants has led to rents outside of London hitting a new
record high, new figures reveal.
And rental yields are also increasing in most regions monitored.
An analysis from Rightm |
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Tenant demand hits record high |
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Tenant demand hits record high
The number of tenants who have registered with letting agents for a home to
rent has reached a record high, a report reveals.
The Private Rented Sector Report for August from Arla Proper |
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Average rents rise by 2.1% in August |
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With Covid-19 restrictions now being eased, landlords around the country
saw rents rise by an average of 2.1% in August.
According to the data from HomeLet, rents have risen by 1.5% compared with
August last year.
Rents in London |
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More traffic, increased enquiries further developments |
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It has been a challenging time for the student accommodation sector since
late March. Despite this it has been positive to see the sector responding
in innovative way.
40% increase in enquiries
Here at Accommodation for S |
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