2 Gray's Inn Square Chambers

Seminar Notes 03.11.05 Main Index

Housing - Disrepair - ASBOs

"What's New and What You Need to Know"

(seminar given 11 November 2005)

These notes were prepared for the continuing education seminar given on 11 November 2005 by members of the 2 Gray's Inn Square Chambers Housing Group. The seminar was chaired by His Honour Judge Nic Madge, The Chambers' speakers were Peter Leighton, James Holmes-Milner, Surinder Bhakar, Dr. Victoria Williams and Daniel Kingsley.

Legal Points are provided for information and discussion only and are given without obligation - please refer to chambers for advice in specific cases.


	Main Index
	(click on a topic to jump to relevant section)

	Housing Act 2004, Overview, Part I (speaker: Peter Leighton)
·	Introduction and Summary
·	Definitions
·	Part I - Housing Conditions
·	Part 2 - Licensing of houses in multiple occupation
·	Part 3 - Selective licensing (other residential accomodation)
·	Part 4 -Additional control provisions (residential accomodation)
·	Part 7 - Residential Tribunals

	Housing Act 2004, Overview, Part II (speaker: James Holmes-Milner)
·	Part 5 - Home information packs
·	Part 6 - Other provisions
·	Part 7 - Supplementary and Miscellaneous provisions
·	Commencement Provisions

	Recent Developments in Housing Law (speaker: Surinder Bhakar)
·	Possession: Tolerated trespassers - Procedure - False statements - Warrants - Notice to Quit by joint tenants - Suitable alternative accomodation - Draft rent arrears protocol - CPR
	Disrepair
·	A. Liability: Contractual liability - Unfair contract terms - Tortious liability - Defective Premises Act 1972 - Limitation period
·	B. Damages: Legal framework - Court of Appeal guidance - County Court awards
·	C. Miscellaneous: EPAs - Procedure - Law Society guidance on conduct and funding - Pre-action protocol for Housing disrepair cases - Useful sources of reference

	Homelessness update (speaker: Dr. Victoria Williams)
·	Case law update, part VII of the Housing Act 1996 Cramp v Hastings Borough Council and Phillips v Camden LBC [2005] EWCA Civ 1005 Mohamed v Westminster CC [2005] EWCA Civ 796 R (on the application of Griffin) v Southwark LBC (2004) EWHC 2463 (Admin) LB Tower Hamlets v Rikha Begum [2005] EWCA Civ 340, 23rd March 2005 R (on the application of Tekin Calgin) v Enfield LBC [2005] EWHC 1716 (Admin), 29th July 2005 (QBD)
·	CPR update 40 Stays for settlement negotiations – initial period longer than one month Costs where the order is silent – some exceptions to the rule Where an order imposes a striking out or dismissal sanction – effect immediate Possession Claims on Line – the new scheme

	ASBOs/ ASBIs- statutory background and recent case notes (speaker: Daniel Kingsley)
·	Statutory Background ASBOs ASBIs
·	Cases Moat Housing Group South Ltd v Harris and Hartless [2005] HLR 33 Liverpool City Council v Edie (Legal Action, May 2005) R (Lonergan) v Lewes Crown Court [2005] 2 All ER 362 Wareham v Purbeck DC [2005] EWHC 358 (Admin), The Times 28th March 2005 W v Director of Public Prosecutions [2005] EWCA Civ 1333

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