LL6053 - Landlord and Tenant Law (2018/19)
|Module specification||Module approved to run in 2018/19|
|Module title||Landlord and Tenant Law|
|Module level||Honours (06)|
|Credit rating for module||15|
|School||Guildhall School of Business and Law|
|Total study hours||150|
|Running in 2018/19||
This module builds on the knowledge that students would have gained from the study of Property Law. The course will examine the development of the common law, legislation and case law and will provide the student with the academic knowledge and practical know how required.
The course will enable students to appreciate both the law and procedures involve in this area of law, as well as to understand and critique the cultural, social and political context which applies to housing law.
Knowledge of the topics covered will enhance students’ employability both within the legal profession and more generally in a range of commercial activity. This subject is regarded as one of the main areas of practice of solicitors and barristers. Students who do not wish to qualify as lawyers have in the past found it equally useful in assisting them to gain employment in advice work at Citizens Advice Bureaux, and Law Centres. Some have managed to take advantage of opportunities in local authorities and housing associations.
Prior learning requirements
LL5004 Property Law
1. Introduction to Landlord and Tenant Law LO 1 and 2
2. Development of the concepts of leases and Landlord and Tenant relationship LO 1 and 2
3. Statutory Regime and Security of Tenure LO 1 and 2
Rent Act 1977 and exclusions
Housing Act 1988 and exclusion
Housing Act 1985
Housing Act 2004
4. Homelessness LO 1 and 2
Housing Act 1996 - eligibility and priority need
Homelessness-Domestic violence, affordability, overcrowding
Homelessness-Intentionality, Appeals, Review, and alternative accommodation
5. Protection from Eviction and Harassment LO 1 and 2
Balance of independent study and scheduled teaching activity
Learning and Teaching Strategy
Weekly two-hour lecture and one-hour seminar.
The lecture will be used for:
Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
An introduction to relevant academic literature;
Guidance on learning strategies;
Use of blackboard and IT resources;
Whole group questions and discussion.
The seminar will be used for:
Development of skills necessary to attain the module learning outcomes through:
Written and oral questions/answers designed to reinforce fundamental rules/principles/cases;
A range of step by step writing exercises;
IT tasks such as research of cases and statutes
All learning materials, previous examination questions and sample Q/A’s will be on blackboard for use in directed private study.
Student engagement will be encouraged in both lectures and seminars through weekly use of Weblearn for access to all of the above materials.
There will be required use of the professional legal databases, especially Westlaw and Lexis Library, for legal research
Opportunities for reflective learning/pdp
Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto Weblearn.
Employability strategy will aim to acquaint students with a range of employment avenues both in the legal profession and in those professions into which legal qualifications and skills are transferable.
Students’ Study Responsibilities
The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.
On successful completion of this module, students will be able to:
1. Research and provide a critical evaluation of the complex rules relating to statutory protection of residential occupiers; apply them to a range of hypothetical problems; and propose solutions to those problems based on an understanding of the law.
2. Examine and debate the ethical aspects of the legal regulation of the landlord and tenant relationship.
Written Coursework (2,500 – 3,000 words)
A research-based essay, requiring a critical analysis of a contemporary issue or problem-based case-study in landlord and tenant law,
This will assess students in the skills of critical thinking, problem-solving and communication skills in the context of the legal principles applied to landlord and tenant law.
They will be required to work both independently and collectively to locate, examine and interpret primary and secondary sources of the law relating to landlord and tenant, and to present a critical analysis in the form of a properly drafted and referenced written essay or report.
Garner, F and Frith, A, A Practical Approach to Landlord and Tenant Law (OUP)
McQueen, J., Landlord and Tenant Law, (Emerald Publishing)