A Practical Guide to Responding to Housing Disrepair and Unfitness Claims PDF Download
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Author: Iain Wightwick
Publisher:
ISBN: 9781914608162
Category :
Languages : en
Pages : 278
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Book Description
Disrepair (or more properly "housing conditions") claims are on the rise. This book should be helpful to those receiving and responding to them. Such claims increased by 44% between 2012 and 2017 in England and Wales and they have continued to proliferate. In those five years Southwark LBC paid out about £10,000,000 in damages and costs. Sheffield City Council has disclosed that it has spent more than £1 million fighting disrepair claims within the last 2 1/2 years. There has been a 322% increase in cases, which they blame on claims management companies using "aggressive marketing tactics" to attract tenants who are unhappy about the state of their homes during the pandemic. That has been greatly exacerbated by the inability on the part of all landlords to do repairs other than urgent works. Housing conditions claims are not just wasteful in terms of officer time and finances. They can be very stressful for those involved, particularly where landlords face large numbers of claims and their staff are already busy planning and carrying out repairs, maintenance and improvements. I anticipate that all landlords would prefer to direct their resources to repairs rather than legal fees. The book is more about the strategies needed to deal with disrepair litigation rather than the substantive law. If you are a tenant's representative, I hope that the book will help you to weed out good claims from the many which are at present gratuitously and unnecessarily issued. Fortunately, the Court of Appeal has just handed down a very helpful decision on an application for permission to appeal. In Hockett v Bristol City Council (2021) unreported, Ref: B2/2021/1025, Lord Justice Bean agreed with the approach which I conceived a number of years ago, and which has been approved of by many judges in the County Court. I hope that the application of that philosophy to disrepair claims will dramatically reduce the legal bills currently being paid by social landlords. Many of the complaints which tenants are making about housing conditions should never have involved lawyers. You'll need to buy the book to find out more about it though! The book also addresses how to respond to a disrepair claim in the event that ADR is not appropriate or fails to appease the tenant.
Author: Iain Wightwick
Publisher:
ISBN: 9781914608162
Category :
Languages : en
Pages : 278
Get Book Here
Book Description
Disrepair (or more properly "housing conditions") claims are on the rise. This book should be helpful to those receiving and responding to them. Such claims increased by 44% between 2012 and 2017 in England and Wales and they have continued to proliferate. In those five years Southwark LBC paid out about £10,000,000 in damages and costs. Sheffield City Council has disclosed that it has spent more than £1 million fighting disrepair claims within the last 2 1/2 years. There has been a 322% increase in cases, which they blame on claims management companies using "aggressive marketing tactics" to attract tenants who are unhappy about the state of their homes during the pandemic. That has been greatly exacerbated by the inability on the part of all landlords to do repairs other than urgent works. Housing conditions claims are not just wasteful in terms of officer time and finances. They can be very stressful for those involved, particularly where landlords face large numbers of claims and their staff are already busy planning and carrying out repairs, maintenance and improvements. I anticipate that all landlords would prefer to direct their resources to repairs rather than legal fees. The book is more about the strategies needed to deal with disrepair litigation rather than the substantive law. If you are a tenant's representative, I hope that the book will help you to weed out good claims from the many which are at present gratuitously and unnecessarily issued. Fortunately, the Court of Appeal has just handed down a very helpful decision on an application for permission to appeal. In Hockett v Bristol City Council (2021) unreported, Ref: B2/2021/1025, Lord Justice Bean agreed with the approach which I conceived a number of years ago, and which has been approved of by many judges in the County Court. I hope that the application of that philosophy to disrepair claims will dramatically reduce the legal bills currently being paid by social landlords. Many of the complaints which tenants are making about housing conditions should never have involved lawyers. You'll need to buy the book to find out more about it though! The book also addresses how to respond to a disrepair claim in the event that ADR is not appropriate or fails to appease the tenant.
Author: ANDREW. SKEATE MCKIE (IAN.)
Publisher:
ISBN: 9781911035701
Category :
Languages : en
Pages : 206
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Book Description
Covers housing disrepair claims and cavity wall claims, and in particular focuses on the day-to-day issues encountered with such cases including spotting the winners and losers quickly and efficiently, practical tips for investigation, litigation tactics, a summary of the law, the important cases, and how to run these claims efficiently.
Author: Andrew McKie
Publisher:
ISBN: 9781911035404
Category :
Languages : en
Pages : 160
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Book Description
The Small Claims Track change for personal injury cases is likely to come into effect in October 2018. This book looks at other areas personal injury practitioners have begun to focus in, including housing disrepair and cavity wall claims, which may not be subject to fixed costs / small claims track costs. Generally this book covers issues in relation to housing disrepair claims and cavity wall claims, and in particular focuses on the day-to-day issues in practice that one encounters with such cases including spotting the 'winners' and 'losers' quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases, and how to run these claims efficiently. Cavity walls claims chapters cover the nature of the claim and technical background, relevant standards, who to sue, allegations of negligence and breach of duty, disclosure, remedies, expert evidence, causation, quantum and costs. The book also covers running the claims on DBAs and coverage of the Damages Based Agreement Regulations 2013. The Housing Disrepair section covers the nature and technical background of these claims, who to sue, contractual and statutory rights, establishing breach of duty, expert evidence, causation, quantum and costs. This is a book that any personal injury practitioner, looking to diversify into these areas, should not be without. ABOUT THE AUTHORS Andrew Mckie, Barrister at Clerksroom Manchester, is a specialist in claimant and defendant personal injury, travel and housing law practitioner. Andrew is also now co-owner of a Law Firm in Manchester, Barrister-Direct Limited, where he practices in personal injury, travel and housing law including housing disrepair and cavity wall claims. Ian Skeate, Barrister joined Clerksroom in January 2010 after practising from St Johns Buildings, Manchester since 2003. He has particular expertise in Personal Injury, Professional Discipline and Regulation, Employment and Costs. Ian is based in Manchester but his practice extends throughout the country especially in London. Simon Redfearn, originally a contracting Quantity Surveyor, moved into Insurance Loss adjusting with a buildings focus and oversaw the creation of a national building repair solution based upon agreed measured term rates that became the blueprint for how insurance repair networks operate to this day. He owned his own Insurance Building Repair Company that covered the North West of England. This company was involved in reinstating many damaged properties and notably were involved in the Carlisle floods of 2005, Hull floods of 2007 and Cumbria floods of 2010, for which they won an award from Lloyds Banking Group for their contribution. Simon became interested in Cavity Wall Insulation by accident whilst surveying a property following storm damage and embarked upon a learning journey that has ultimately led him to create the Cavity Clearance Association.
Author: Peter Marcuse
Publisher: Verso Books
ISBN: 1804294942
Category : Political Science
Languages : en
Pages : 257
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Book Description
In every major city in the world there is a housing crisis. How did this happen and what can we do about it? Everyone needs and deserves housing. But today our homes are being transformed into commodities, making the inequalities of the city ever more acute. Profit has become more important than social need. The poor are forced to pay more for worse housing. Communities are faced with the violence of displacement and gentrification. And the benefits of decent housing are only available for those who can afford it. In Defense of Housing is the definitive statement on this crisis from leading urban planner Peter Marcuse and sociologist David Madden. They look at the causes and consequences of the housing problem and detail the need for progressive alternatives. The housing crisis cannot be solved by minor policy shifts, they argue. Rather, the housing crisis has deep political and economic roots—and therefore requires a radical response.
Author: SIMON. MULLINGS
Publisher:
ISBN: 9781913648169
Category :
Languages : en
Pages :
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Book Description
Author: David Bennett
Publisher:
ISBN: 9781914608926
Category :
Languages : en
Pages : 0
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Book Description
Knowledge of the law, and litigation of the cases, are two very different concepts. This book is not a legal textbook in the conventional sense as that already exists in an excellent work by HHJ Luba KC, Catherine O'Donnell, and Giles Peaker. This work concentrates exclusively on how to litigate housing conditions cases successfully so as to achieve the best result for the tenant in the shortest reasonable timescale. In all areas of practice, efficient and cost-effective conduct of litigation is essential. This work aims to achieve that important objective. As the title of the book suggests, it is aimed at solicitors, barristers and surveyors - the main professionals involved in this area of practice. It deals with many, if not all, of the areas likely to be encountered on a daily basis in housing conditions cases, and answers many of the questions frequently asked about day-to-day conduct. It is essential reading for those practising in this very important area of the law, and should make the work involved a lot more straightforward for both experienced professionals, as well as newcomers. ABOUT THE AUTHOR David Bennett is a senior barrister and head of chambers at Liverpool Civil Law, 1 Old Hall Street, Liverpool. During his long career at the Bar he has practised in many different areas of law, including housing conditions litigation, but for the last 10 years he has concentrated solely on housing conditions work in which he has a very busy practice. His decision to write this practical guide was motivated by two factors. First, he considers this to be a very important area of law in which the lay clients are heavily reliant on the expertise of all the professionals concerned, namely solicitors, barristers and surveyors. In many cases the lives of tenants and their families are often badly affected by their housing conditions, causing discomfort, inconvenience, frustration, and not infrequently ill-health. He regards the work therefore as very important, and for many tenants, life changing. Secondly, he has acquired a great deal of knowledge and expertise in housing conditions work over many years and feels that he needs to pass on this expertise to the relevant professionals - some of whom may be new to this area of law, so that the work done at all levels by the experts involved, is of the highest quality to ensure the best result for the lay client. CONTENTS PART ONE - THE WORK OF THE SOLICITOR The Correct Parties Taking Instructions The Correspondence Phase Pre-Action Disclosure / Subject Access Request Use of the Landlord's Internal Complaints Procedure The Landlord's Obligations Under the Protocol The Requirement for the Tenant to Provide Access to the Landlord Personal Injury The Protocol Requirements for Personal Injury Claims Limitation Human Rights Judgement in Default Breach Proceedings Instructing a Surveyor Instructing Counsel PART TWO - COUNSEL The Role of Counsel Other Points Commonly Raised in the Defence Allocation Hearings Birmingham City Council v Avril Lee [2008] EWCA Civ 891 Damages PART THREE - SURVEYORS The Function of the Surveyor in Housing Conditions Cases PART FOUR - MISCELLANEOUS The Housing Ombudsman Service Conclusion
Author: Iain Wightwick
Publisher:
ISBN: 9781912687213
Category :
Languages : en
Pages : 206
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Book Description
This guide provides legal practitioners, social landlords, the police, tenants and their advisors with a practical guide to the current law governing the control of anti-social behaviour in England and Wales using Injunctions made under the 2014 Act ("ASBIs").
Author: Jan Luba
Publisher:
ISBN: 9781912273430
Category : Dwellings
Languages : en
Pages :
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Book Description
Author: David Boyle
Publisher:
ISBN: 9781912687749
Category :
Languages : en
Pages : 156
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Book Description
This book contains David Boyle's 12 key lessons for any prospective lawyer, providing a discreet, original, practical guide to problem-solving and your personal development as a lawyer, whether you want to be a barrister or not.
Author: Rachel Horman
Publisher:
ISBN: 9781912687220
Category :
Languages : en
Pages : 110
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Book Description
A practical guide to coercive control and its relevance to different areas of law with a particular focus on family law, including the problems facing victims when utilising legislation, risk assessment, the link between coercive control and stalking, protective orders, legal aid, and how coercive control is relevant to family court proceedings.
