Remedies for Poor Housing Conditions: Part 2
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- Categories:
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Residential Property
Housing & Property
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- 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 two considers statutory duties to carry out work properly and the duty of care arising from repairing obligations under the Defective Premises Act 1974. It will also look at nuisance and negligence at common law including liability for infestations and the relevance of statutory nuisance in these cases under section 79(1) (a) of the Environmental Protection Act 1990. It will also consider the Housing Health and Safety Rating System under the Housing Act 2004 and it’s definitions and enforcement.
- Outcomes:
- After completing the course you will:
- Understand the statutory duties to carry out work properly;
- Understand the duty of care arising from repairing obligations under the Defective Premises Act 1974;
- Understand nuisance and negligence at common law in a housing disrepair context;
- Be aware of the application of statutory nuisance in housing disrepair cases;
- Have a good understanding of the Housing Health & Safety Rating System.
- Level:
- Specialist
- Classification:
-
Introduction
Legal Principles
Practical Guide
- Sources and References:
-
- Housing Health & Safety Rating System (England) Regulations 2005 SI 3208;
- Operating Guidance (www.communities.gov.uk/publications/housing/hhsrsoperatingguidance);
- Enforcement Guidance (www.communities.gov.uk/publications/housing/housinghealth2);
- Housing Act 2004 Environmental Protection Act 1990 Housing Act 1985 Defective Premises Act 1974;
- Birmingham CC v Oakley [2001] 1 AC 617;
- R v Bristol CC ex p Everett [1999] 1 WLR 92;
- Habinteg HA v James (1995) 27 HLR 299;
- McAuley v Bristol CC [1992] QB 134;
- Stockley v Knowsley MBC [1986] 2 EGLR 141;
- R v Cardiff CC ex p Cross (1983) 6 HLR 1;
- Sharpe v Manchester MDC (1977) 5 HLR 71;
- Mint v Good [1951] 1 KB 517;
- Sedleigh-Denfield v O’Callaghan [1940] AC 880;
- Malton USA v Malton Farmers Manure Co (1879) 4 Ex D 302.
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
