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Defending Possession Proceedings 8th Edition

Defending Possession Proceedings 8th Edition

Author: Jan Luba; Nic Madge; Derek McConnell; John Gallagher; Sam Madge-Wyld
Publisher: Legal Action Group
ISBN: 9781908407641

Previous Edition ISBN: 9781903307755
Published In: September 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Defending Possession Proceedings is the key ‘homelessness prevention’ handbook – a comprehensive guide to all aspects of the law and practice relating to possession proceedings pursued against occupiers of residential property.

Dealing with the three principal types of occupier – social housing tenants, private tenants and mortgage borrowers – Defending possession proceedings seeks to guide occupiers and their advisers in dealing with possession claims, tracing the court process from the initial notice given in the aftermath of eviction. It is written in a user-friendly way, so that it contains information which is of use to the most experienced legal practitioner, yet is still understandable to the least experienced housing adviser.

The eighth edition of Defending Possession Proceedings takes account of current and future legislative changes in the Housing and Planning Act 2016; the Deregulation Act 2015, the Immigration Acts 2014 and 2016, the Anti-social Behaviour, Crime and Policing Act 2014; the Legal Aid, Sentencing and Punishment of Offenders Act 2012; the Localism Act 2011 and the Equality Act 2010.

It covers in detail the impact of the Government’s welfare reform agenda through the introduction of the ‘bedroom tax’ and the benefit cap. The chapters on possession procedure incorporate all relevant changes in the Civil Procedure Rules, in particular the new Pre-action Protocol on possession claims by social landlords and the updated Pre-action Protocol on Mortgage Arrears.

Important cases featured include Kay v United Kingdom (2010? In last ed?) in the European Court of Human Rights; the Supreme Court cases Akerman-Livingstone v Aster Communities Limited, Hounslow LBC v Powell, McDonald v McDonald and R (ZH and CN) v Newham LBC and Sims v Dacorum BC; and in the Court of Appeal, Barnsley MC v Norton , Zinda v Bank of Scotland plc and R (JL) v Secretary of State for Defence.

Defending Possession Proceedings is an essential purchase for all advice workers, solicitors and barristers working with actual or prospective defendants in possession proceedings.

PART I: TENANTS OF SOCIAL HOUSING

Introduction to Part I3

Tenants with security of tenure

Procedure for recovery of possession from a tenant with security of tenure

Grounds and conditions for possession against assured or secure tenants

Preparing the defence

Introductory and starter tenancies

Demoted tenancies

Family intervention tenancies

Tenants and licensees of social landlords without security of tenure

Shared ownership of social housinG

PART II: PRIVATE SECTOR TENANTS

Introduction to Part II

10.

Assured shorthold tenancies

11.

Other private sector lettings

12.

Rent Act tenancies

13.

Rental purchase agreements

PART III: OTHER TENANCY ISSUES

14.

Termination of contractual tenancies

15.

Unprotected tenants and licensees

16.

Welfare benefits for tenants

17.

Premises occupied by employees

18.

Death of the tenant

19.

Possession proceedings and the bankrupt tenant

20.

Domestic relationship breakdown in a rented home

PART IV: POSSESSION PROCEDURE

21.

Procedure in possession proceedings

22.

Accelerated possession proceedings

23.

Possession proceedings against trespassers and other unlawful occupiers

24.

Public funding to defend possession proceedings

25.

Public law defences

26.

Human rights defences

27.

Disability discrimination defences

28.

Possession orders

29.

Mesne profits and damages for trespass

30.

Costs

31.

After the possession order

PART V: MORTGAGES

32.

Mortgages

33.

The lender’s common law right to possession

34.

Courts’ powers to allow borrowers to remain in their homes

35.

Regulation of mortgage lending by the Financial Conduct Authority

36.

Preventing the lender from obtaining possession

37.

Procedure and tactics

38.

Tenants of borrowers

39.

Domestic relationship breakdown in mortgaged homes

40.

Islamic property finance

41.

Rights of equitable owners

42.

Undue influence

43.

Sale of the home

44.

Possession claims by unsecured creditors

APPENDICES

A Statutory notices

B Statements of case and applications

C Housing Act 1985 Sch 2A: The meaning of ‘serious offence’ for the purposes of the absolute grounds for possession for antisocial behaviour

D Instructions checklist

E pre-action Protocols for possession claims

F CPR Part 55 and Practice Directions 1039

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