Dampness and Disrepair Compensation

CPD 1.5 hours

PEAT Outcome - Relevant legal knowledge

OBJECTIVES

Issues with dampness and disrepair are often raised both in social sector accommodation and private accommodation. Landlords have obligations to ensure that their properties meet certain standards, which are set out in the Housing (Scotland) Act 2001 and the Housing (Scotland) Act 2006, and include an obligation to keep the property wind and watertight and reasonably fit for human habitation. However tenants can experience problems in enforcing their rights in this area, and how to best enforce their rights can be difficult to identify. This webinar will look at what mechanisms tenants have to enforce their rights, including withholding rent and abatement of rent. Sometimes an application to the Sheriff Court or the Housing and Property Chamber of the First Tier Tribunal is required, and the process leading up to this will be considered. If litigation is commenced identifying the correct heads of claim and the way of valuing claims is a complex matter, and there is limited clear authority in Scotland on these issues. A claim might be made for stress and inconvenience, but there is limited authority on how to value such a claim. A claim might also be made for personal injury if the condition of the property has exacerbated or created a health issue, but assessing whether it is worth making such a claim, or how it could be proven evidentially requires careful consideration. This webinar will aim to provide a practical explanation of the remedies available to tenants, and assist solicitors in advising tenants on the best way to resolve disrepair issues with their property.

At this webinar we will aim to address these issues, and assist our delegates in identifying the correct heads of claim and valuing these claims. Specifically delegates will be addressed on the following:

• Mechanisms for enforcing rights: withholding rent, abatement of rent and raising proceedings
• What can compensation be claimed for, and what evidence is needed for these different types of compensation
• How to value these claims

DELEGATES

This Zoom webinar will be of interest to solicitors and trainee solicitors working in housing law.

SPEAKER

Robert Sutherland, Advocate, Terra Firma Chambers

Robert specialises in all aspects of property and public law. He is a leading practitioner in agricultural and crofting matters, conveyancing and housing law. He is regularly instructed in connection with servitudes and access disputes, waste management and other environmental law issues, planning, and fishing law. Robert has been frequently instructed by petitioners and respondents in judicial review cases in the Court of Session. He is a member of the Chartered Institute of Arbitrators.

Robert is ranked Band 1 in Chambers UK and Tier 1 in Legal 500.

In Chambers UK (2018) Robert is described as "unquestionably one of the leading people in the rural agricultural land and rural business speciality at the Bar". "He's good with clients, very effective in court, can communicate clearly with clients and is able to have those difficult conversations with clients that you need to have".