LL6053 - Landlord and Tenant Law (2017/18)
|Module specification||Module approved to run in 2017/18|
|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 2017/18||
This module builds on the knowledge that students would have gained from the study of Property Law. The course the development of the common law, legislation and case law and will provide the student with the academic knowledge and practical know how required.
Prior learning requirements
• To provide the student with the knowledge and understanding of the major legislation, case law and common law
• To enable students to appreciate the law and procedures involve in this area of law
• To enable students to understand the cultural, social and political context which applies to housing law
• To enable students to appreciate and the distinction between private and public residential occupation of property
Introduction to Landlord and Tenant Law and overview of the course
Development of the concepts of leases and Landlord and Tenant relationship
Statutory regime and security of tenure - Rent Act 1977 and exclusions, Housing Act 1988 and exclusions, Housing Act 1985
Homelessness-Introduction to Housing Act 1996 - eligibility and priority need
Homelessness-Domestic violence, affordability, overcrowding
Homelessness-Intentionality, Appeals, Review, and alternative accommodation
Protection from eviction and harassment
Learning and teaching
The module is taught by lectures and seminars with students required to read from specified case law and legal journals. There is a logical progression through a complex syllabus involving private and public housing law. Students are given the opportunity to discuss theoretical issues as well as practical problem solving. Students are supported in undertaking on-line research using electronic law databases and encouraged to use Westlaw on a weekly basis. There is a virtual learning environment (VLE) containing handbooks, lecture notes, weblinks, discussion groups, past assessments, study skills materials and assessment criteria. Blended learning pervades the delivery of the module and is actively encouraged as students engage with digital materials, use on-line discussion groups (blogs) and achieve a competent standard of digital literacy during their studies.
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.
Students’ study responsibilities are to attend all classes, research and prepare for seminar discussion and academic debate, engage in interactive IT related activities and to undertake all formative and final assessments.
There are two assessments in this module, group presentation and written examination. The students in the group presentations are being assessed on their ability to evaluate information and research in a group. Sharing and taking of responsibilities is important as this is what occurs in reality. The students will also be assessed on their ability to work in accordance with a tight schedule and to provide accurate information to the rest of the group. The co-ordination of information is important.
The written examination requires the students to show that they have acquired knowledge and understanding of the course and to produce the information under time constraints. The ability to critically evaluate the complex case law and legislation is vital in this part of the assessment.
On successful completion of this module, students will:
• Apply the complex rules relating to statutory protection of residential occupiers to a range of hypothetical problems and propose and evaluate solutions to those problems based on an understanding of the law
• Critically evaluate the impact of legislative provisions on the range of stakeholders involved in rented accommodation taking into account their social and cultural diversity
• Demonstrate an understanding of the ethical aspects the legal regulation of landlord and tenant relationship
• Use research skills appropriate for the analysis of legal issues
• Work effectively in a group with other members of the course when required to do so
Coursework of 3,000 words
Indicative bibliography and key on-line resources – for full details see section D in Module Booklet,
NB Students must use the most recent edition of the books cited.
Arden, A, & A Dymond, Manual of Housing Law, (Sweet and Maxwell)
Arden, A, & C Hunter, Homelessness and Allocations, (Sweet and Maxwell)
Cottle, S, Housing Law Handbook, (Legal Action Group)
Davey,M, Landlord and Tenant Law, (Butterworths)
Hughes, D, Public Sector Housing Law, (Butterworths)
Luba, J, & L Davies, Housing Allocation and Homelessness, (Butterworths)
Robson, G, & D Roberts, A Practical Approach to Housing Law, (Cavendish)
Students will also be expected to utilise primary sources available online, such as Lexis Library.