Andrews v Schooling and others
Andrews v Schooling and others
- 1991
- Construction Industry Law Letter 1991 CILL 675-676(2) .
CA 25 February 1991. From April to August 1986 the first two defendants S & C owned adjacent semi-detached houses. In August the freehold was transferred to the third defendant M a company of which S & C were directors and works to convert the houses into flats was undertaken through subcontractors. In 1987 M granted the plaintiff, A, a 199-year lease of one flat which included a cellar . It was found that the flat suffered from penetrating dampness emanating from the cellar on which no extensive work had been done. A sued S, C & M on three grounds; breach of duty under Defective Premises Act 1972 s1, common law negligence and misrepresentation arising out of a reply to a precontract inquiry. A fourth defendant, a surveyor was sued for negligence and breach of contract but this was dropped before the hearing. At the first hearing A was awarded interim payment of £7,500 as evidence was sufficient to establish liability under Defective Premises Act. The defendants appeal was dismissed.
CONVERSION
DAMP COURSE
DEFECTIVE PREMISES ACT 1972 S1(1)
LAW CASE
CA 25 February 1991. From April to August 1986 the first two defendants S & C owned adjacent semi-detached houses. In August the freehold was transferred to the third defendant M a company of which S & C were directors and works to convert the houses into flats was undertaken through subcontractors. In 1987 M granted the plaintiff, A, a 199-year lease of one flat which included a cellar . It was found that the flat suffered from penetrating dampness emanating from the cellar on which no extensive work had been done. A sued S, C & M on three grounds; breach of duty under Defective Premises Act 1972 s1, common law negligence and misrepresentation arising out of a reply to a precontract inquiry. A fourth defendant, a surveyor was sued for negligence and breach of contract but this was dropped before the hearing. At the first hearing A was awarded interim payment of £7,500 as evidence was sufficient to establish liability under Defective Premises Act. The defendants appeal was dismissed.
CONVERSION
DAMP COURSE
DEFECTIVE PREMISES ACT 1972 S1(1)
LAW CASE