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New Arrival Housing Conditions Claims on Behalf of Social Housing Tenants: A Practical Guide for Solicitors, Barristers and Surveyors 2nd ed

Housing Conditions Claims on Behalf of Social Housing Tenants: A Practical Guide for Solicitors, Barristers and Surveyors 2nd ed

  • 作者:
  • 出版商: Law Brief Publishing
  • ISBN: 9781916698659
  • 出版时间 January 2025
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥526.27
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  • 描述 
  • 大纲 
  • 详细

    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.

    This second edition covers developments in the law since publication of the first edition in March 2023. Importantly, it has an expanded chapter dealing with breach proceedings, which are becoming ever more common, and also an expanded chapter dealing with the Court of Appeal decision in Churchill v Merthyr Tydfil Council relating to the now common response by landlords that cases must first be dealt with by their internal complaints procedure and/or a reference to the Housing Ombudsman Service before proceedings can be issued.

    This edition now also contains useful appendices for easy reference containing the Housing Conditions Protocol (England), and sections 9A to 11 of the Landlord and Tenant Act 1985.

  • 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
    Appendix A – Pre-Action Protocol for Housing Conditions Claims (England)
    Appendix B – Fitness for Human Habitation – Sections 9a to 10 of the Landlord and Tenant Act 1985
    Appendix C – Section 11 of the Landlord and Tenant Act 1985

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