24 Dec 2015
‘This is an excellent book. No one should even consider advising or representing tenants with disrepair unless they have a copy.’ New Law Journal
‘A very useful, concise and well-written guide to this complex area and a must for the busy practitioner.’ Law Society Gazette
Repairs: tenants’ rights has long been recognised as the essential text for all housing advisers and lawyers dealing with disrepair and other adverse conditions affecting residents in rented housing accommodation.
It looks at the repairing obligations of landlords in the social and private rented sectors, the remedies open to tenants to enforce their rights and the actions that can be taken to secure compensation for loss and hardship suffered. It outlines the powers available to local councils to address adverse housing conditions using environmental, criminal and housing legislation; and covers a range of other issues such as infestations, hazards and absence of amenities.
The fifth edition includes:
•Practical step-by-step guidance on how to bring a disrepair claim with an invaluable set of precedents with worked examples used at all stages of the court process, extracts from legislation and helpful guidance on technical information
•New emphasis on rights to repair in the private rented sector including commentary on retaliatory eviction, new obligations for all private landlords and use of law to clamp down on rogue landlords and their agents
•Extensive guidance on remedies for disrepair: withholding and setting off against rent, complaints procedures and the ombudsman, injunctions, pre-action protocol for disrepair and ADR
•up-to-date coverage of funding arrangements post-LASPO: scope, eligibility and merits test for legal aid and other means of financing disrepair claims including conditional fee arrangements and before-the-event insurance
•detailed coverage of case-law and recovery of damages for landlord’s breach of contract or tort including recent Court of Appeal case of Moorjani v Durban Estates Ltd on assessment of damages.
•rights beyond the contract
•civil remedies for disrepair
•proceedings under the Environmental Protection Act 1990
•bad housing and the Housing Act 2004
The highly experienced author team expertly outline the law and procedure in relation to disrepair in an accessible and practical way making this an indispensable resource for both non-lawyers and busy practitioners.
Repairs: tenants’ rights is essential reading for lawyers, advisers and tenants dealing with issues of disrepair, and also for providers of accommodation looking for a general guide to the law and practice relating to housing repair and conditions.