Housing Conditions Claims on Behalf of Social Housing Tenants ? A Practical Guide for Solicitors, Barristers and Surveyors ? Second Edition

Knowledge of the law, and litigation of the cases, are two very different concepts. This book is not a legal textbook in the conventional sense as that already exists in an excellent work by HHJ Luba KC, Catherine O’Donnell, and Giles Peaker. This work concentrates exclusively on how to litigate housing conditions cases successfully so as to achieve the best result for the tenant in the shortest reasonable timescale. In all areas of practice, efficient and cost-effective conduct of litigation is essential. This work aims to achieve that important objective.

As the title of the book suggests, it is aimed at solicitors, barristers and surveyors – the main professionals involved in this area of practice. It deals with many, if not all, of the areas likely to be encountered on a daily basis in housing conditions cases, and answers many of the questions frequently asked about day-to-day conduct. It is essential reading for those practising in this very important area of the law, and should make the work involved a lot more straightforward for both experienced professionals, as well as newcomers.

This second edition covers developments in the law since publication of the first edition in March 2023. Importantly, it has an expanded chapter dealing with breach proceedings, which are becoming ever more common, and also an expanded chapter dealing with the Court of Appeal decision in Churchill v Merthyr Tydfil Council relating to the now common response by landlords that cases must first be dealt with by their internal complaints procedure and/or a reference to the Housing Ombudsman Service before proceedings can be issued.

This edition now also contains useful appendices for easy reference containing the Housing Conditions Protocol (England), and sections 9A to 11 of the Landlord and Tenant Act 1985.

ABOUT THE AUTHOR

David Bennett is a senior barrister and head of chambers at Liverpool Civil Law, 1 Old Hall Street, Liverpool.

During his long career at the Bar he has practised in many different areas of law, including housing conditions litigation, but for the last 10 years he has concentrated solely on housing conditions work in which he has a very busy practice.

CONTENTS

PART ONE – THE WORK OF THE SOLICITOR
The Correct Parties
Taking Instructions
The Correspondence Phase
Pre-Action Disclosure / Subject Access Request
Use of the Landlord’s Internal Complaints Procedure
The Landlord’s Obligations Under the Protocol
The Requirement for the Tenant to Provide Access to the Landlord
Personal Injury
The Protocol Requirements for Personal Injury Claims
Limitation
Human Rights
Judgement in Default
Breach Proceedings
Instructing a Surveyor
Instructing Counsel

PART TWO – COUNSEL
The Role of Counsel
Other Points Commonly Raised in the Defence
Allocation Hearings
Birmingham City Council v Avril Lee [2008] EWCA Civ 891
Damages

PART THREE – SURVEYORS
The Function of the Surveyor in Housing Conditions Cases

PART FOUR – MISCELLANEOUS
The Housing Ombudsman Service

Conclusion
Appendix A – Pre-Action Protocol for Housing Conditions Claims (England)
Appendix B – Fitness for Human Habitation – Sections 9a to 10 of the Landlord and Tenant Act 1985
Appendix C – Section 11 of the Landlord and Tenant Act 1985