Defective Premises; Law and Practice

Description 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 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