Podcast Location:
Download it here [file size: 25.2 MB]
Categories:
Residential Property
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This three-part podcast series aims to examine the legal remedies available for poor housing conditions. Part three considers the enforcement of a tenant’s common law and statutory rights in relation to disrepair, nuisance and negligence. Nik Nicol will offer advice on the common self-help action taken by tenants of withholding rent, he will also discuss disrepair claims brought by way of set-off in possession proceedings brought by the landlord and finally he will consider how to prepare for court proceedings including some guidance on what instructions should include. He will also consider the relevance of limitation, settlement and the pre-action protocol for housing disrepair cases. Finally he will look at damages and some of the relevant principles.

Outcomes:
After completing the course you will:
  • Know how to enforce a tenant’s rights at common law and statutory rights in relation to disrepair, nuisance and negligence;
  • Understand when it is appropriate for a client to resort to self-help by withholding rent;
  • Be aware of the relevance of set-off as a defence to claims for possession based on rent arrears;
  • Know how to prepare for housing disrepair cases;
  • Be aware of the relevant Limitation Periods in disrepair cases;
  • Understand the relevance of settlement in disrepair cases;
  • Understand the importance of the pre-action protocol for disrepair cases;
  • Know when interim injunctions will be available;
  • Be able to identify the relevant principles when considering damages in disrepair cases.
Level:
Specialist Difficulty: 5 of 5
Classification:
Introduction
Legal Principles
Practical Guide
Sources and References:
  • Limitation Act 1980;
  • Birmingham CC v Lee [2009] HLR 15;
  • English Churches Housing Group v Shine [2004] HLR 727;
  • Muscat v Smith [2003] 1 WLR 2853;
  • Wallace v Manchester CC (1998) 30 HLR 1111 (CA);
  • Sturolson & Co v Mauroux (1988) 20 HLR 165;
  • Parker v Camden LBC [1986] Ch 162;
  • Calabar Properties v Stitcher [1984] 1 WLR 287;
  • Lee-Parker v Izzet [1971] 1 WLR 1688.
Tags:

In this three-part podcast Nicholas Nicol provides an overview of remedies for tenants living in poor housing conditions.

Podcast last reviewed: 2011-06-13

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