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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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 Stephanie Tozer, Cecily Crampin, Tricia Hemans
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Defective Premises: Law and Practice


ISBN13: 9781847031266
Published: December 2008
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print



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

Subjects:
Landlord and Tenant Law
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 ;

Series: Sweet & Maxwell's Practitioner

Residential Possession Proceedings 11th ed ISBN 9780414118195
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Sweet & Maxwell Ltd
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Injunctions 14th ed (Book & eBook Pack) ISBN 9780414099197
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Injunctions 14th ed ISBN 9780414099180
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£147.00
Injunctions 14th ed (eBook) ISBN 9780414099203
Published December 2021
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Injunctions 13th ed (eBook) ISBN 9780414070141
Published November 2018
Sweet & Maxwell Ltd
Out of print
Injunctions 13th ed (Book & eBook Pack) ISBN 9780414070158
Published November 2018
Sweet & Maxwell Ltd
Out of print
Injunctions 13th ed ISBN 9780414070134
Published November 2018
Sweet & Maxwell Ltd
Out of print
Residential Possession Proceedings 10th ed (eBook) ISBN 9780414061224
Published December 2016
Sweet & Maxwell Ltd
£164.00
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Residential Possession Proceedings 10th ed ISBN 9780414057272
Published December 2016
Sweet & Maxwell Ltd
£164.00
Residential Possession Proceedings 10th ed (Book & eBook Pack) ISBN 9780414061231
Published December 2016
Sweet & Maxwell Ltd
£213.00
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Injunctions 12th ed ISBN 9780414052710
Published November 2015
Sweet & Maxwell Ltd
Out of print
Injunctions 12th ed (Book & eBook Pack) ISBN 9780414057104
Published November 2015
Sweet & Maxwell Ltd
Out of print
Injunctions 12th ed (eBook) ISBN 9780414057098
Published November 2015
Sweet & Maxwell Ltd
Out of print
Break Clauses ISBN 9780414048157
Published November 2011
Sweet & Maxwell Ltd
Out of print
Property Transactions: Stamp Duty Land Tax 2nd ed ISBN 9781847038012
Published November 2009
Sweet & Maxwell Ltd
£206.00
Wontner's Guide to Land Registry Practice 22nd ed ISBN 9780414041684
Published November 2009
Sweet & Maxwell Ltd
Out of print
Boundaries, Walls and Fences 10th ed ISBN 9781847037916
Published September 2009
Sweet & Maxwell Ltd
£135.00
Personal Chattels: Law, Practice and Tax - With Precedents ISBN 9781847037350
Published June 2009
Sweet & Maxwell Ltd
£187.00
Commercial Leases: Tenant's Amendments 6th ed ISBN 9781847035455
Published April 2009
Sweet & Maxwell Ltd
£164.00
Debt Recovery Through the Courts ISBN 9781847032560
Published December 2008
Sweet & Maxwell Ltd
Out of print
Property Transactions: Planning and Environment ISBN 9780421917606
Published December 2006
Sweet & Maxwell Ltd
Out of print
Civil Evidence: The Essential Guide ISBN 9780421947108
Published June 2006
Sweet & Maxwell Ltd
Out of print
Personal Injury Practice & Procedure 11th ed ISBN 9780421875500
Published December 2004
Sweet & Maxwell Ltd
Out of print
Letting Business Premises 8th ed ISBN 9780421881808
Published June 2004
Sweet & Maxwell Ltd
Out of print
Contentious Probate Claims ISBN 9780421849402
Published January 2003
Sweet & Maxwell Ltd
£258.00