Conveyancing / Tenancy / Land

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

By David Bennett
Law Brief Publishing May 2023

Specifications

ISBN-13
9781914608926
Publisher
Law Brief Publishing
Publication
May 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only
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Details

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.

Table of 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
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