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Non-contractual rights

This content applies to England & Wales

Liability for disrepair where there are no contractual (express or implied) terms or they are not applicable. Liability that arises in tort.

'Tort' is the word used to describe a civil wrong that is not a breach of contract. Many torts have been defined by the courts and are part of the 'common law' (eg negligence, trespass or nuisance); others have been created more recently by statute.

The rights covered in this section derive mainly from the common law rules of negligence and statutory obligations in the Defective Premises Act 1972. The section also looks at nuisance as it relates to landlord/tenant matters and breach of building regulations.

Negligence

Action that can be taken in cases of negligence. 

Nuisance

What constitutes a nuisance. Statutory, public and private nuisance. 

Environmental Protection Act 1990

How the Environmental Protection Act 1990 can be used to remedy disrepair where premises are in such a bad condition that they constitute a threat to health or a nuisance, eg disease, noise, infestations, overcrowding, and dangerous buildings. 

Defective Premises Act 1972

Duties on landlords under the Defective Premises Act 1972. 

Breach of the building regulations

Building regulations. 

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