Housing Conditions Claims on Behalf of Social Housing Tenants - A Practical Guide for Solicitors, Barristers and Surveyors PDF Download
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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: David Bennett
Publisher:
ISBN: 9781914608926
Category :
Languages : en
Pages : 0
Get Book Here
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: 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: Stephen Cottle
Publisher: Law Society Publishing
ISBN: 9781853286841
Category : Housing
Languages : en
Pages : 396
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Book Description
Housing law issues can be wide-ranging and involve dealing with several areas of the law. The Housing Law Handbook provides a practical and concise outline of the law and procedure relating to housing problems. The handbook aims to be a first port of call for lawyers and advisors dealing with housing as well as professionals in social housing sector, providing information in a concise and manageable form to support busy litigators and caseworkers.
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: Patricia Tueje
Publisher: Law Brief Publishing
ISBN: 9781914608704
Category :
Languages : en
Pages : 0
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Book Description
This book focusses on the main grounds and key issues that most frequently arise in possession claims brought by the providers of social housing against their occupiers who enjoy varying degrees of security, ranging from licencees, to probationary and introductory tenants, to fully assured and secure tenants. It covers all stages of proceedings starting with pre-action conduct, such as compliance with the relevant pre-action protocol, notice requirements and review procedures, through to enforcement, emphasising requirements that are unique to social housing providers. It addresses the necessary requirements of possession claims, common defences and counterclaims raised in response. ABOUT THE AUTHOR Patricia Tueje is a barrister at One Pump Court. She has practised housing law for over 20 years, and prior to becoming a barrister, worked in the statutory and voluntary housing sectors. She is particularly noted for her expertise in homelessness and landlord and tenant in Chambers & Partners UK. She specialises in all aspects of housing, property and related public law, including homelessness, landlord and tenant and leasehold disputes. Patricia is co-chair of the Housing Law Practitioners' Association, and a member of the Bar Council's Race Training Delivery Panel. CONTENTS Chapter One - Background Chapter Two - Occupiers' Status Chapter Three - Initiating Possession Chapter Four - Possession Proceedings Chapter Five - Succession Chapter Six - Termination by the Tenant
Author: Stephanie Lovegrove
Publisher: Law Brief Publishing
ISBN: 9781914608377
Category :
Languages : en
Pages : 0
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Book Description
'A Practical Guide to Succession to Social Housing Tenancies' by Stephanie Lovegrove examines the law surrounding succession on death to tenancies granted by social housing providers. The area is complex, with the statutory schemes under the Housing Acts 1985 and 1988 and Renting Homes (Wales) Act 2016 operating alongside established principles under Intestacy, Landlord and Tenant and Contract law. This book provides a comprehensive practical guide to navigating issues of and relating to succession faced by social housing providers, their tenants, and those advising them, from ensuring tenancy agreements and policies properly reflect a provider's desired succession entitlement to defending possession proceedings where it is said no entitlement to succeed exists. ABOUT THE AUTHOR Stephanie Lovegrove is a barrister at 4-5 Gray's Inn Square specialising in Housing, Landlord and Tenant and related Local Government and Property law. She has over 19 years of experience acting for and advising both landlords and tenants in housing-related matters, including succession-related policy development, procedures and possession claims. Stephanie is ranked in both Chambers and Partners and the Legal 500 where she has been described as "demonstrating prowess across all areas of landlord and tenant law", "absolutely excellent: clients and solicitors love her alike", and it said that "her intelligence and her knowledge of housing law will blow anyone away". CONTENTS Chapter One - Introduction Chapter Two - What Is Tenancy Succession? Chapter Three - Secure Tenancies Chapter Four - Assured Tenancies Chapter Five - Limited Security of Tenure Chapter Six - Secure Tenancies Under Renting Homes (Wales) Act 2016 Chapter Seven - Succession and Children Under 18 Years Old Chapter Eight - Possession Proceedings Chapter Nine - Conclusion
Author: Graham Robson
Publisher: Psychology Press
ISBN: 9781859419151
Category : Law
Languages : en
Pages : 564
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Book Description
The authors provide a combination of the law and practice of housing law, giving a detailed yet accessible analysis of the most important areas of housing law that practitioners currently encounter.
Author: Jan Luba
Publisher:
ISBN: 9781912273430
Category : Dwellings
Languages : en
Pages :
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Book Description
Author: Donald Towey
Publisher: John Wiley & Sons
ISBN: 1119312949
Category : Technology & Engineering
Languages : en
Pages : 380
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Book Description
The revised and updated comprehensive resource for Quantity Surveyors working with a construction contractor The second edition of Construction Quantity Surveying offers a practical guide to quantity surveying from a main contractor's perspective. This indispensable resource covers measurement methodology (including samples using NRM2 as a guide), highlights the complex aspects of a contractor's business, reviews the commercial and contractual management of a construction project and provides detailed and practical information on running a project from commencement through to completion. Today’s Quantity Surveyor (QS) plays an essential role in the management of construction projects, although the exact nature of the role depends on who employs the QS. The QS engaged by the client and the contractor's QS have different parts to play in any construction project, with the contractor's QS role extending beyond traditional measurement activities, to encompass day-to-day tasks of commercial building activities including estimating, contract administration, and construction planning, as well as cost and project management. This updated and practical guide: Focuses on the application, knowledge and training required of a modern Quantity Surveyor Clearly shows how Quantity Surveying plays an essential central role within the overall management of construction projects Covers measurement methodology, the key elements of the contractor's business and the commercial and contractual management of a construction project The construction industry changes at fast pace meaning the quantity surveyor has a key role to play in the successful execution of construction projects by providing essential commercial input. Construction Quantity Surveying meets this demand as an up-to-date practical guide that includes the information needed for a Quantity Surveyor to perform at the highest level. It clearly demonstrates that quantity surveying is not limited to quantifying trade works and shows it as an important aspect of commercial and project management of construction projects.
Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
ISBN: 9780117064034
Category : Law
Languages : en
Pages : 388
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Book Description
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
