module specification

Landlord and Tenant Law builds on the knowledge that students would have gained from the study of land 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 and Law Centres. Some have managed to take advantage of opportunities in local authorities and housing associations.

1. Introduction to Landlord and Tenant Law  LO1, LO2 and LO3

2. Development of the concepts of leases and Landlord and Tenant relationship  LO1, LO2 and LO3

3. Statutory Regime and Security of Tenure  LO1, LO2 and LO3
• Rent Act 1977 and exclusions
• Housing Act 1988 and exclusion
• Housing Act 1985
• Housing Act 2004
• Disrepair

4. Homelessness  LO1, LO2 and LO3
• 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  LO1, LO2 and LO3

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 WebLearn and IT resources;
• Whole group questions and discussion.

The seminar will be used for the development of skills necessary to attain the module learning outcomes through:

• Written and oral questions/answers designed to reinforce fundamental rules, principles and cases;
• A range of step-by-step analytical exercises;
• Problem solving;
• IT tasks, such as research of cases and statutes;
• Legal writing.

Blended Learning

All learning materials, previous examination questions and sample Q/A’s will be on WebLearn 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.

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, the students will be able to:

1. Research a critical evaluation of the complex rules relating to statutory protection of residential occupiers.

2. Demonstrate the ability to apply the rules to a range of hypothetical problems.

3. Debate the ethical aspects of the legal regulation of the landlord and tenant relationship.

Written coursework (2,000 words maximum)

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.

The link to the Talis reading list will be provided when the module is due to start running.