Monitor the potential for legal action related to contracts

URN: INSHOU41
Business Sectors (Suites): Housing
Developed by: Skills CFA
Approved on: 29 Mar 2019

Overview

This standard is about monitoring the potential for legal action related to contracts and making management decisions on possible legal actions.  It includes attending court proceedings on behalf of your organisation.


Performance criteria

You must be able to:

  1. monitor the potential for legal action related to contracts in accordance with your organisational requirements
  2. recognise and identify circumstances where professional legal advice should be taken
  3. set out the grounds to relevant colleagues on which to proceed with legal action based on the available information
  4. compile the relevant information and evidence required to support the legal action in accordance with your organisational procedures
  5. take the relevant steps to respond to and support the required legal action
  6. appear in court to provide evidence or witness testimony on behalf of your organisation
  7. support witnesses involved in the legal action during any legal proceedings
  8. maintain the confidentiality of information in accordance with relevant organisational requirements and data protection legislation
  9. confirm that your actions are in accordance with relevant organisational and legal requirements
  10. keep records of your actions in accordance with relevant organisational and legal requirements

Knowledge and Understanding

You need to know and understand:

  1. how a contract can be broken or breached
  2. the requirements and relevant legislation relating to the regulation of contracts
  3. how to identify the relevant procedures for different types of legal action relating to the regulation of contracts
  4. your organisational requirements for monitoring the potential for legal action
  5. your organisational requirements for responding to and supporting required legal action
  6. the circumstances where legal action is required
  7. the information required to make a judgement on the potential for legal action
  8. how to produce a brief for submission to legal advisors
  9. how your organisation must comply with the relevant data protection legislation
  10. the sources of advice and help concerning relevant legal action
  11. your own role in initiating and supporting relevant legal action
  12. the requirements of witnesses involved in legal action
  13. your organisational and the relevant legal requirements for keeping electronic records

Scope/range


Scope Performance


Scope Knowledge


Values


Behaviours


Skills


Glossary


Links To Other NOS


External Links


Version Number

1

Indicative Review Date

06 Jan 2024

Validity

Current

Status

Original

Originating Organisation

Instructus

Original URN

ASTH409

Relevant Occupations

Housing Manager, Housing Officer, Housing Assistant, Housing Administrator, Lettings Negotiator, Revenue Officer/Assistant, Resident Involvement Assistant, Neighbourhood Assistant, Lettings Assistant, Repairs Assistant, Assistant Portfolio Manager (without portfolio)

SOC Code

4159

Keywords

property; investigating; dealing; breaches; accommodation; tenancy; licence; leaseholder; agreements; customers; documentation; safety; support; legislation; equality; diversity; safe; organise; housing workers; responsibilities; monitoring; legal; manage