Rendlesham Estates Plc & Ors v Barr Ltd (2014) EWHC 3968 (TCC) Well, we did write this one up at the time (our report here), but I don’t think we quite appreciated the general significance of the case. We certainly didn’t anticipate that it might subsequently become otherwise significant because of a change in the law on tenancies. So, a few additional notes follow (though everything that is said in our previous post about the very dubious approach to general damages stands). Why return to this case? Well, firstly because I have since found myself doing a lot of section 1 Defective Premises Act 1972 cases on new build properties (particularly housing association shared ownership properties), but secondly because the issue in a section 1 DPA case is ‘fitness for habitation’, and that has gained a new relevance with the passing of the Homes (Fitness for Human Habitation) Act 2018. Section 1 Defective Premises Act 1972 provides: “A…
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