Subjects:

Landlord and Tenant Law

Contents:

Contractual liability

Unfair contract terms

Warranty of availability and fitness

The obligation not to derogate from the grant

Contractual liability for breach of the covenant for quiet enjoyment

Nature of the covenant at common law

Absolute and qualified covenants

Practical relevance of the covenant

Contractual liability to repair

Non-contractual liability

Common law for negligence and nuisance

Non-contractual liability under miscellaneous statutes and statutory instruments

Non-contractual liability under the Defective Premises Act 1972

Non-contractual liability under the Occupiers Liability Acts The effect of the Human Rights Act 1998

Court Proceedings-Practice and Procedure

Limitation periods

Parties

Summary judgement

The claim

The defence

The effect of death

Use of experts

An introduction to the protocols

Costs

Remedies

Self help

Specific performance

Damages

Local authority involvement

Statutes and statutory instruments

Section 2 of the Occupiers Liability Act 1957

Sections 1 to 4 of the Defective Premises Act 1972

Sections 76 to 83 of the London Building Act 1984

Sections 79-82 of the Environmental Protection Act 1990

Sections 254-260 of the Housing Act 2004

Regulation 36 of the Gas Safety (Regulation and Use) Regulations 1998

Precedents

Particulars of claim under section 4 of DPA 1972

Particulars of claim for damages by a visitor under section 2

Defence to DPA claim

Request for information from a tenant claiming under the DPA

Useful website addresses

Practical guidance on the procedures for defective premises cases:-

• Takes you step-by-step through the procedures for defective premises cases, from establishing liability and gathering evidence to possible remedies and court proceedings
• Helps you to easily decide how best to take the case forward
• Considers both contractual and non-contractual liability and the relevant acts and cases
• Provides you with practical advice on the best way to proceed with a case
• Explains the remedies which may be available so you can discuss and advise clients on possible outcomes
• Covers both residential and commercial premises
• Covers both landlord and tenant perspectives so you can easily represent either party
• Explains landlords’ liability to tenants, neighbours and trespassers so you can advise all groups
• Shows how recent legislation on gas and other health and safety areas applies
• Gives you expert commentary fully supported by legislation and case law with statutory extracts throughout
• Contains forms and precedents to assist you with each stage of the procedure
• Gives you key information in list form – ideal for quick reference to important points