Course

Housing Law - LAWS3413

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Kensington Campus

Career: Undergraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 4

Enrolment Requirements:

Pre-requisite: Crime & Criminal Process (LAWS1021/JURD7121) & Criminal Laws (LAWS1022/JURD7122) OR Crim. Law 1 (LAWS1001/JURD7101) & Crim. Law 2 (LAWS1011/JURD7111). Co-requisite: Litigation 1 [LAWS2311/ JURD7211] OR Res. Civil Disp. (LAWS2371/JURD7271)

Excluded: JURD7413

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course examines how the principles of property law come to be applied and modified in the context of residential tenancies. The course will be of no less relevance to those advising landlords than to those advising tenants. The course examines primarily the Residential Tenancies Act 1987 (NSW), as well as the Strata Schemes legislation. It is the only undergraduate course to examine this latter body of legislation, which is becoming increasingly important in legal practice. There will be an in-depth examination of the phenomenon of alternative dispute resolution, focusing on the Consumer, Trader and Tenancy Tribunal. Students will be required to attend the Tribunal, and write a brief report about the matters they have witnessed. Finally, the course will examine broader policy questions concerning the built environment, homelessness and housing affordability.


Recommended Prior Knowledge

There is no assumed prior knowledge for this course.

Course Objectives

  • To understand the legislative framework of residential tenancies
  • To examine how this legal regime fits into traditional property law
  • To solve practical problems and housing disputes
  • To look at the public law governing housing provision and housing affordability
  • To map the framework of social housing provision
  • To analyse contemporary housing policy, and reform of the law

Main Topics

  • The evolution of modern residential tenancy law
  • The basic responsibilities imposed by the Residential Tenancies Act 1987 (NSW)
  • Dispute resolution
  • Rental bonds
  • Strata Schemes Legislation
  • Termination of tenancies
  • Housing policy
  • Commonwealth-state housing agreements
  • International instruments and housing provision
  • Social housing

Assessment

Research assignment - 40%
Problem question - 40%
Class participation - 20%
Compulsory tribunal report

Course Texts

Prescribed
Anforth and Thawley, Residential Tenancies Law in NSW 2nd ed.

Recommended
Supplementary materials will be produced by the convenor.

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