The Liver Building

2019 Housing Disrepair Conference (2)


Speaker: Various

Date: Wednesday 3rd April, 2019

Time: 09:30 - 15:00

Areas of Law: Civil Litigation; Company & Commercial; Property; Wills, Trust, Tax & Probate

Liverpool Law Society
Second Floor Helix
Edmund Street
L3 9NY

Course Code: S4345


Due to the demand for places for this event when it was held on 26th February, the event is now repeated.


Welcome & introduction ~ Sarah Mansfield

Tips for Tenants ~ Nina Patel & Jonathan Davidson, Broudie Jackson Canter

  • Repairs could be contractual if not s11
  • Issues of notice – not just checking repair records, did housing/rent officer know, calls to local offices, any visits to the property by officers etc.
  • Funding: is legal aid available?

Housing Disrepair: A round-up of case law ~ Louise Murphy, Knox Ellis part of MSB

  • What constitutes a S.11 defect?
  • Assessment of damages
  • Lessons we can learn


What is happening in the future which could impact disrepair claims ~ Matt Wilson, Weightmans LLP

  • Homes (Fitness for Human Habitation) Bill
  • Implementation of Fixed fees

A surveyor's eye view! ~ David Walter, restoration Design Partnership, RICS, Surveyor

  • Housing Disrepair Protocol – the Duties of an Appointed Expert
  • Section 11 Defects
  • Breach of Contract – Landlords Covenant to Repair
  • Survey Techniques


Specific Performance and Injunctions ~ Chris Larkin, Arden Chambers

  • Specific Performance
  • Costs
  • Injunctions
  • Considerations
  • CPR 81

The Pre-Action Protocol for Housing Disrepair Cases: key issues and pitfalls for tenants, landlords and lawyers ~ Lara Holsgrove, St John’s Buildings Barrister's Chambers

  • Obligations on tenants, landlords and their lawyers
  • Failure(s) to follow the Protocol
  • The Protocol and the Courts
  • Effective strategies for managing disrepair claims

Summary & close ~ Sarah Mansfield

Speaker Biographies

Jonathan Davidson is a solicitor at Broudie Jackson Canter. He completed the Diploma in Law at Manchester Metropolitan University in 2004 and the Legal Practice Course at Liverpool John Moores in 2006, joining Broudie Jackson Canter the same year. Jonathan is highly experienced in dealing with tenants, with his case load consisting entirely of housing matters including disrepairs. Before training as a solicitor, Jonathan worked at the Whitechapel Centre for nine years helping people with drug and alcohol problems. He also acts as a mentor to law students at Liverpool universities and is a member of the North West Housing Law Practitioners Association.

Chris Larkin is a barrister at 4-5 Gray’s Inn Square. He is a specialist Housing and Property barrister and joined 4-5 Gray’s Inn Square from Arden Chambers following a recent merger of the two sets. His work covers all aspects of both residential and commercial landlord and tenant litigation. He advises and represents clients from the private and public sector. He is regularly instructed by both landlords and tenants.

Louise Murphy’s career in social housing law began in 2003 when she represented tenants in all areas of housing law including anti-social behaviour, disrepair, homelessness, judicial review, possession, injunctions and committals. Louise qualified as a solicitor in 2008 and moved to become a Partner at a prominent legal aid firm, where she headed the housing department. She has a wealth of experience in the County Court and has previously been instructed by the Official Solicitor. Louise joined Knox Ellis, who are now part of MSB Solicitors, in July 2017 and is a Senior Associate who predominately deals with social housing disrepair.

Nina Patel is a Director and Head of Housing & Welfare at Broudie Jackson Canter. She has a Diploma in Criminal Law and Justice from Leicester University and has now built her reputation as an acknowledged housing specialist, having dealt with many difficult and complex legal cases, particularly those arising from Mental Health or capacity issues. Nina joined Broudie Jackson Canter in 2001, having previously worked for the Public Defence Advocacy in Kentucky (USA) on appeals for defendants facing the death penalty.

David Walter commenced his career as an Articled Pupil in 1963. He qualified by examination as a Chartered Building Surveyor in 1970. He was elected a Fellow of the Royal Institution of Chartered Surveyors in 1981. The same year he undertook his first inspection with regard to Housing Disrepair and since that time he has undertaken several thousands of inspections with regard to Housing Disrepair and has seen the changes brought about in Legal Aid funding of cases and the introduction of the Civil Procedure Rules and the Housing Disrepair Protocol. More recently he has seen an increase in the number of instructions to act as a Single Jointly Appointed Expert. David  continues to work as a Building Surveyor, undertaking Project Management duties for the repair and maintenance of property and continues to act as an Expert Witness.



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