20/03/2026
When the problem isn’t yours to pay For:
Most landlords accept that maintenance is part of the job. Roofs fail. Boilers break. Damp appears.
But every so often, we come across a different type of issue—one that isn’t caused by time or tenants…
👉 It’s caused by how the property was built or refurbished in the first place.
These are known as "latent defects"—problems that were there all along but only become visible months or even years later.
⚖️ When poor workmanship becomes a legal issue
Under the Defective Premises Act 1972, anyone carrying out building work has a duty to ensure that:
- The work is done in a professional manner
- Proper materials are used
- The property is fit for habitation
If that standard isn’t met, responsibility doesn’t automatically sit with the landlord.
In some cases, the builder—or more importantly, their insurance—may be liable.
A Scenario we see all too often:
A landlord refurbishes a property. It looks modern, well-finished, and ready to let.
Then, within 12–24 months damp begins appearing across external walls, mould becomes a recurring issue, tenants raise health concerns, flooring or plasterwork starts to deteriorate.
At first glance, it looks like a maintenance issue. But upon closer inspection, the root cause is often:
👉 Inadequate ventilation
👉 Poor insulation detailing
👉 Incorrect installation of materials
In other words—the job was never done properly.
💡 Why this matters
Many landlords simply absorb the cost of putting things right.
But where defects are linked to workmanship, it's not only the case that there might there be a valid claim, but also, the cost may be recoverable.
And the issue may be larger than it first appears:
✅ What should you do?
If you suspect something isn’t right, document the issue early – photos, timelines, tenant reports and:
- Get an independent opinion – surveyors or specialist contractors
- Identify who carried out the work
- Check whether insurance was in place at the time
Seek advice before committing to major remedial works
🦊 The Foxdog approach
At Foxdog, we don’t just treat the symptom. We ask:
👉 “Should this have happened at all?”
Because protecting your asset isn’t just about fixing problems—
it’s about making sure you’re not paying for someone else’s mistake.
📥 Want to know what to look for?
We’ve created a simple checklist to help landlords spot the warning signs of latent defects early.
If you want a copy of our “Defect Risk Checklist for Landlords” send us an email to [email protected] and we'll share this free resource with you.
