LEGAL STUDIES, PROPERTY AND HOUSING LAW

Abstract

No one who is studying1 housing law can do so successfully without understanding the legal system within which it operates. In this chapter, we look initially at how English law is made and how it is applied to the settlement of disputes. The former question involves some knowledge of case law, legislation and EU (European Union) law. The latter requires an understanding of the civil court system and the legal personnel of the law (solicitors, barristers and judges). We shall also look in outline at the law of contract and tort (the law of negligence, trespass, nuisance and occupiers’ liability) in order to provide a foundation for studies in housing law. Subsequently, the chapter provides the reader with an introductory text on the subject of property and housing law. It is not intended to be exhaustive and the reader is referred to the Recommended Reading at the end of the chapter. Specifically, this chapter examines: Legal studies: The development of English law. Sources of law. Civil court structure. Personnel of the law. Legal personality. Law of contract. Law of tort. Property and housing law: Freehold and leasehold estates. The essentials of a valid lease. The formalities of a lease. Types of leases and tenancies. Enforceability of covenants in leases. Express covenants. Implied covenants. Assigning and sub-letting. Leasehold dilapidations. Termination of leases. Statutory protection of residential tenants. Leasehold enfranchisement. Homelessness. Case studies are used to test some of the above aspects of law.