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Defective Premises: Law and Practice
Defective Premises: Law and Practice
Series:  Practitioner Series
Practice Area:  Landlord & Tenant
ISBN:  9781847031266
Published by:  Sweet & Maxwell
Publication Date:  10 Dec 2008
Format:  Paperback
PRODUCT INCLUDES:
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PRODUCT DESCRIPTION
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
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
  • 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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