Who is liable for inherent defects?


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property expert
Practice notes

Who is liable for inherent defects?


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Property expert

Practice notes
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This Practice Note covers the meaning of inherent defect, whether a landlord or a tenant has an obligation to remedy the defect, whether there are any implied obligations to remedy inherent defects and the position where the defect causes damage.

Responsibility for repair under the Building Safety Act 2022 (BSA 2022) is not covered by this Practice Note. For content on liability under BSA 2022, see Practice Notes: Building Safety Act 2022—key provisions and issues and Building Safety Act 2022—landlord and tenant issues.

Inherent defects in leasehold property

Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems later on. In one leading case, defective joints in the basement of an office building let in water so that the basement was unusable. In another, poorly designed double glazing units led to condensation and black mould. Where such problems arise, the question of liability closely follows.

Disputes over inherent defects in leasehold property frequently focus on the

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