Dodd v Raebarn Estates Ltd

Summary

The Court of Appeal (McFarlane, Lewison and McCombe LLJ) upheld the trial judge’s decision, on a summary judgment application by the freeholder, that it had not contravened section 4(3) of the Defective Premises Act 1972 because the lack of a handrail and the steepness of stairs in the common parts, although a breach of planning regulations, were not a breach of the repair covenants in the lease and, therefore, not “relevant defect”.