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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Description
Contents

Details

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