Statutory Nuisance and Residential Property


Book Description

Statutory Nuisance and Residential Property: Environmental Health Problems in Housing examines the statutory nuisance provisions in the Environmental Protection Act 1990 pertaining to the condition of premises and related problems in housing and compares these with the provisions of the Housing Act 2004. The book discusses the separate development of statutory nuisance and housing legislation in an historic context, which provides a useful basis for the understanding and interpretation of legislation and the different remedies available today. The work includes a chapter on actions by “persons aggrieved” using section 82 of the Environmental Protection Act 1990 and also considers remedies provided in the Anti-social Behaviour, Crime and Policing Act 2014. This book: • investigates housing problems in the context of the relevant law; and • demonstrates how to use the legal framework appropriately and be able to decide on the most appropriate provision for dealing with environmental health problems associated with residential property. This is an essential and practical book for environmental health and housing professionals, as well as for advisers and lawyers in the private and public housing sectors.




Housing Law


Book Description

This book is a comprehensive survey of modern housing law, an area of growing importance which is becoming increasingly liable to change as a result of statutory intervention. The book takes a wide approach to housing law and includes, for instance, a look at owner-occupiers and their financial problems as well as covering inadequate mortgage valuation reports from surveyors. It includes a large amount of cases and materials, and these are set in the context of substantial comment and analysis. This book is designed to be used not only by students of housing law, but also as a useful reference tool for professionals in the housing market




Statutory Nuisance


Book Description

Guiding you through each step, Statutory Nuisance takes you from initial assessment of a potential nuisance, through document drafting to the magistrates' court and beyond to the higher courts. Clear, readable and user friendly this book provides lucid explanation, practical guidance and the primary materials needed in court - all in one handy volume. Accessible to the layman, yet illuminating to the experienced practitioner, this title expresses a view on the issues not yet resolved by the courts. The new 4th edition covers the significant legislative changes such as: - The Anti-Social Behaviour, Crime and Policing Act 2014 - Coventry v Lawrence [2014] - Lorna Grace Peires v Bickerton Aerodromes Ltd [2016] - Forster v The Secretary of State for Communities and Local Government [2016] - Cocking v Eacott [2016]




Clay's Handbook of Environmental Health


Book Description

Since its first publication in 1933, Clay’s Handbook of Environmental Health (under its different names) has provided a definitive guide for the environmental health practitioner (EHP), and an essential reference for the consultant and student. This 22nd edition continues with its more recent successful structure, reviewing the core principles, techniques, competencies and skills required of an EHP, and then outlining the specialist subjects without getting bogged down in a legalistic approach, seeking to broaden the content for a more global audience. This new edition seeks to educate the EHP on the public health impacts of global heating and the climate emergency and also reflects the COVID-19 pandemic, as might be expected. Although seeking to have global appeal, the impact of the UK leaving the EU is also addressed. The book examines environmental health in different settings, including in the military, working in both conflict and natural disaster settings, and environmental health at sea and airports. In line with previous editions, case studies are used to illustrate how EH problems have been resolved. This new edition includes guidance on key issues in public and environmental health including air pollution, contaminated land, housing and health, noise, water, food safety, pests and vector control, chemicals in the environment and radiation, as well as sustainability and public health and humanitarian crises. This handbook aims to give a basic understanding of the philosophical basis of environmental health, as well as the required technical aspects and an understanding of environmental health in different settings. All chapters have sections on further reading and sources of information. Clay’s Handbook is essential reading for all practitioners, students and researchers in environmental and public health wherever they are working.




Fire Safety in Residential Property


Book Description

This book aims to take the reader through all aspects of fire safety and management in residential settings, from origin and ignition, risk assessment, protection and prevention, as well as comparing effective enforcement options from across all parts of the UK. It outlines the basis of law, standards and guidance relating to fire safety and building performance, and critically evaluates the legal provisions and approaches to risk reduction with the focus on rented properties. This book: Provides wider access to fire safety knowledge previously generally used by regulators and specialists. Examines fire risk assessments in domestic premises and the competency of assessors. Explains the approaches to fire safety enforcement the impact of property licensing. Includes fire risk precautions for housing and general checklists to help landlords and tenants understand their responsibilities Explores the effect of existing legislation with references to key Property Tribunal decisions relating to fire risk management and future legal developments. This book will assist Environmental Health Officers and Environmental Health Practitioners – as well as graduating academics of the field – in their work to encourage the appropriate and effective use of legislation. Landlords, Estate managers, student accommodation managers, surveyors and tenant groups may also find this book of interest.




Aspects of Housing Law


Book Description

Aspects of Housing Law provides a comprehensive, up-to-date and readable account of what is often regarded as a complex and technical area of the law. It is essential reading for students of housing law and those taking courses in housing studies. With comprehensive coverage of all areas covered in an undergraduate course on housing, this concise and clear text covers: homelessness owner-occupation regulation of rents repairs and disrepair succession to tenancies private rented sector social housing anti-social behaviour.




Housing


Book Description

This report, unlike most other Law Commission reports, does not focus on reform of substantive law, but rather deals with the broader social issues of how housing problems arise and how they might be dealt with better. At the heart of the recommendations is the suggestion that all those providing housing advice and assistance should develop services based on a "triage plus" system. This has three elements: (1) Signposting: providing initial diagnosis of the problem and referral to the best route for resolution; (2) Intelligence gathering and oversight: increasing understanding of how problems arise; (3) Feedback: to improve decision-taking and prevent disputes arising. Another key proposal is that other means of resolving disputes, outside of formal adjudication, should be used wherever possible. An earlier report, "Renting homes " (Law Com. 297, Cm. 6781, ISBN 9780101678124) made recommendations for the simplification of current housing law and practice, and implementation of those proposals would improve the position in relation to disputes.




Public Nuisance


Book Description

In Public Nuisance, Linda Mullenix describes the landscape of 21st century mass tort litigation involving public harms - including lead paint, opioids, firearms, e-cigarettes, climate change, and environmental pollution - and the novel theory of public nuisance that lawyers and local governments have used to receive compensation from those who have created public nuisances. The book surveys conflicting judicial decisions rooted in common law and statutory interpretation and evaluates the competing arguments for and against the expansion of public nuisance law. Mullenix argues that that the development of public nuisance theory is part of the historical arc of mass tort litigation and suggests a middle approach to new public nuisance law, namely that we should embrace the common law and legislated public nuisance statutes.




Private Sector Housing and Health


Book Description

This book is an evaluation of the effectiveness of housing enforcement and tenant protection in England’s private rented sector using policy analysis to evaluate regulatory provisions and local authority guidance to identify the advantages and limitations of existing policies. From the environmental health practitioner perspective, the targeted health problem is occupiers privately renting from negligent or criminal landlords who are subsequently exposed to hazardous conditions arising from disrepair. Paul Oatt’s analysis looks at the powers local authorities have to address retaliatory eviction when enforcing against housing disrepair and digs deeper into their duties to prevent homelessness and powers to protect tenants from illegal eviction. He then explores the potential for tenants to take private action against landlords over failures to address disrepair, before finally discussing proposals put forward by the government to abolish retaliatory evictions and improve security of tenure with changes to contractual arrangements between landlords and tenants, based on successive stakeholder consultations. The policy analysis looks at these aspects to define the overall effectiveness of housing strategies and their implementation, examining causality, plausibility and intervention logic as well as the unintended effects on the population. Equitability is examined to see where policy effects create inequalities as well as the costs, feasibility and acceptability of policies from landlords' and tenants’ perspectives. The book will be of relevance to professionals interested in housing and health, as well as students at universities that teach courses in environmental health, public health, and housing studies.




Safeguarding Adults


Book Description

Working to safeguard adults is a complex area of practice that requires careful balancing of autonomy, protection and risk. In order to make good, lawful judgements about when and how to intervene, practitioners therefore need to have a comprehensive understanding of how the law applies to safeguarding adults. In this text book best-selling author Alison Brammer brings together the many strands of adult safeguarding to provide a succinct guide to the legal framework. Designed to equip practitioners with the relevant knowledge for practice, it lays out the current legislation and guidance and applies it to different areas of adult safeguarding, including defining 'abuse', assessing capacity and dealing with cases of criminal law. The book goes on to analyse key examples of serious case reviews, including the cases of Steve Hoskin and Michael Gilbert. Whether taking a module on Social Work Law or Safeguarding, or a qualified Social Worker, this concise guide to a key aspect of practise is essential reading. How do you apply the principles, structures and processes of the law to everyday practice? Drawing on a wealth of contemporary case examples, this handy pocket book provides a clear text which brings the many complex strands of safeguarding adults together in a succinct and accessible way. - Students taking Social Work qualifying undergraduate and postgraduate degrees. - Qualifies Social Workers fulfilling their learning development requirements. - Undergraduate and postgraduate students of other disciplines looking to understand the influence of law within professional decision-making (e.g. students of Youth Work, Community Work and Health) New to this Edition: - Each chapter is updated and revised to ensure currency - Includes the Care Act 2014 - Contains links/signposts to further learning to help illustrate how law is applied in practice