Defective Premises: Law and Practice

Author: William Hanbury
Publisher: Sweet & Maxwell U.K.
ISBN: 9781847031266
Published In: December 2008
Format: Paperback , 424 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Providing practical answers to defective premises problems, whether they relate to residential or commercial property, Defective Premises: Law and Practice:
- 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 decide easily 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 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, providing speedy reference to important points
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
- Sections 11-17 of if the Landlord and Tenant Act 1985
- Sections1-3 and 254-260 of the Housing Act 2004
- Sections 1 and 2 of the Occupiers' Liability Act 1957
- Section 1 of the Leasehold Property Repairs Act 1938
- Section 18 of the Landlord and Tenant Act 1927
- Section 1 of the Occupiers' Liability Act 1984
Precedents
- A s.146 notice
- Defence including s.11 claim and claim to set off for damages for disrepair
- Defence to claim under Occupiers' Liability Act
- Particulars of claim for forfeiture for non-residential premises
- Defence relying on s.1 of Leasehold Property Repairs Act 1938

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