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03 June 2016 / Colm Nugent
Issue: 7701 / Categories: Features , Property
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On shaky grounds

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Colm Nugent considers when an unsafe structure does not trigger the landlord’s duty to repair

The reach of the Defective Premises Act 1972 (DPA 1972) and what “defective” means within the context of the Act, was the subject of detailed consideration in the Queen’s Bench Division (QBD) recently, in Dodd v Raebarn Estates [2016] EWHC 262 (QB), [2016] All ER (D) 212 (Feb).

Facts of the case

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 Occupiers Liability Act 1957 (OLA 1957), DPA 1972 and common law negligence. The OLA 1957 claim was premised on an apparent anomaly in the demise to

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